Easements

or
Servitudes Presented by:
GROUP 2
(Arts. 627-636) Dublado, Denise
Ragay, Christdell
Taala, Deirdre
Verzosa, Caryssa
RIGHTS AND OBLIGATIONS OF THE OWNERS
OF THE DOMINANT AND SERVIENT ESTATES
Making of Necessary Works to Use and
Preserve the Easement

Art. 627. The owner of the dominant

estate may make, at his own expense, on
the servient estate any works necessary for
the use and preservation of the servitude,
but without altering it or rendering it
more burdensome.
For this purpose, he shall notify the owner
of the servient estate, and shall choose the
most convenient time and manner so as
to cause the least inconvenience to the owner
of the servient estate.
Proportionate Contribution by the
Dominant Estates
Art. 628. Should there be several dominant estates,
the owners of all of them shall be obliged to
contribute to the expenses referred to in the
preceding article, in proportion to the benefits which
each may derive from the work. Any one who does not
wish to contribute may exempt himself by renouncing
the easement for the benefit of the others.

If the owner of the servient estate should make

use of the easement in any manner whatsoever, he
shall also be obliged to contribute to the expenses
in the proportion stated, saving an agreement to the
contrary.
When the Place of the Easement May
Be Changed by the Servient Estate
Art. 629. The owner of the servient estate cannot impair, in
any manner whatsoever the use of the servitude.

Nevertheless, if by reason of the place originally assigned, or

of the manner established for the use of the easement, the
same should become very inconvenient to the owner of the
servient estate, or should prevent him from making any
important works, repairs or improvements thereon, it may
be changed at his expense, provided he offers another
place or manner equally convenient and in such a way
that no injury is caused thereby to the owner of the
dominant estate or to those who may have a right to the use of
the easement.
Articles 627 Article 630
to 629
Rights and Obligations of the Dominant
and Servient Estate

Art. 630. The owner of the servient estate

retains the ownership of the portion on
which the easement is established, and may
use the same in such a manner as not to
affect the exercise of the easement.
Rights of the DOMINANT
ESTATE
1. to exercise the easement and all necessary rights for its use including
accessory easement. (See Art. 625).

2. to make on the servient estate all works necessary for the use and preservation of
the servitude, BUT —
a. this must be at his own expense
b. he must NOTIFY the servient owner
c. select convenient time and manner
d. he must NOT alter the easement NOR render it MORE BURDENSOME. (Art.
627).

3. to ask for a MANDATORY INJUNCTION to prevent impairment or obstruction

in the exercise of the easement as when the owner of the servient estate obstructs the
right of way by building a wall or fence.

4. to RENOUNCE totally (for an easement is indivisible) the easement if he desires

exemption from contribution to expenses. (Art. 628)
Obligations of the DOMINANT
ESTATE
1. He cannot alter the easement. (Art. 627).

2. He cannot make it more burdensome. (Art. 627).

a. Thus, he cannot use the easement except for movable originally
contemplated. (Art. 626).
b. In the easement of right of way, he cannot increase the agreed width of the
path, nor deposit soil or materials outside of the boundaries agreed upon
(for these acts would be increasing the burden), BUT he may allow OTHERS to use
the path (this really does NOT increase the burden) except if the contrary has been
stipulated

3. If there be several dominant estates, each must contribute to necessary

repairs and expenses in proportion to the BENEFITS received by each estate
(and not in proportion to the VALUE of each estate). (In the absence of proof, we should
presume the benefits to be equal).

4. Regarding the making of repairs, see limitations in number 2 of rights of the

dominant estate.
Rights of the
SERVIENT ESTATE
1. to retain ownership and possession of the portion of his land
affected by the easement (Art. 630) even if indemnity for the right is given
(as in the case of the easement of right of way) (Art. 649), unless the
contrary has been stipulated.

2. to make USE of the easement, unless deprived by stipulation

provided that the exercise of the easement is not adversely
affected (Art. 630) and provided further that he contributes to the
expenses in proportion to BENEFITS received, unless there is a
contrary stipulation. (Art. 628, par. 2).

3. to change the location of a very inconvenient easement

provided that an equally convenient substitute is made, without
injury to the dominant estate. (Art. 629, par. 2)
 Obligations of the
SERVIENT ESTATE
1. He cannot impair the use of the easement. (Art. 629, par. 1).

2. He must contribute to the expenses in case he uses the

easement, unless there is a contrary stipulation. (Art. 628, par. 2).

3. In case of impairment, to restore conditions to the status quo at

his expense plus damages. (See 3 Sanchez Roman 609). (In case of
obstruction, as when he fences the original right of way, and offers an
inconvenient substitute way, which is farther and requires turning at a
sharp angle, he may be restrained by injunction)

4. To pay for the expenses incurred for the change of location or

form of the easement (in the proper case). (Art. 629, par. 2).
Goldcrest Realty Corp. vs. Cypress Gardens
Condominium Corp.
MODES OF EXTINGUISHMENT OF
EASEMENTS
 Art. 631.
Easements are extinguished:
1. By merger in the same person of the ownership of the dominant and servient estates;

2. By nonuser for ten years; with respect to discontinuous easements, this period shall be
computed from the day on which they ceased to be used; and, with respect to continuous
easements, from the day on which an act contrary to the same took place;

3. When either or both of the estates fall into such condition that the easement cannot be used;
but it shall revive if the subsequent condition of the estates or either of them should again permit
its use, unless when the use becomes possible, sufficient time for prescription has elapsed, in
accordance with the provisions of the preceding number;

4. By the expiration of the term or the fulfillment of the condition, if the easement is
temporary or conditional;

5. By the renunciation of the owner of the dominant estate;

6. By the redemption agreed upon between the owners of the dominant and servient estates.
 1. Merger

• The merger must be absolute, complete, not temporary. Thus, if the

owner of the servient estate buys the whole portion affected, the merger is
complete, and the easement is extinguished.

• In a personal servitude, there is therefore no "owner of a dominant

tenement" to speak of, and the easement pertains to persons without a
dominant estate, in this case, the public at large.

• Merger, as we said, presupposes the existence of a prior servient-

dominant owner relationship, and the termination of that relation
leaves the easement of no use. Unless the owner conveys the
property in favor of the public if that is possible no genuine merger can
take place that would terminate a personal easement. (Solid Manila
Corporation vs. Bio Hong Trading)
Solid Manila Corp. vs. Bio Hong Trading
 2. Non-User for 10 Years

• Non-user refers to an easement that has once been used because one
cannot discontinue using what one has never used.

• Use by at least one co-owner of the dominant estate of the easement

prevents prescription as to the others inasmuch as an easement is
indivisible. Thus, if one co-owner has continued the use, the others
who may not have used for more than 10 years may still use.

• From what time to compute:

➢ if a discontinuous easement (like the right of way) — from the time it
ceased to be used. (Art. 631[2]).
➢ if a continuous easement (like aqueduct) — from the day on which an
act contrary to the same took place.
 3. Bad Condition of The Tenement (As When

Flooded) — Or Impossibility of Use

• This merely suspends (unless extinguishment is

caused by the necessary period for non-user)
since possibility of use revives the easement.
 4. Expiration of The Term or Fulfillment of
the Condition

• Illustration: An easement was agreed upon to last until

the owner of the dominant easement becomes a
lawyer. When the condition is fulfilled, the easement
ceases.
 5. Renunciation (Waiver) By the Owner of The Dominant Estate

• Renunciation must be express, clear, specific

(otherwise it might be confused with non-user). This is
particularly true for discontinuous easements.

• While it is true that a legal easement for the benefit of

private individuals may be waived, still, the mere fact
that it has not been used at all cannot give rise to
the conclusion that there has been a waiver.
 6. Redemption Agreed Upon

• This is voluntary redemption, existing because

of an express stipulation.

• The stipulation may provide conditions under

which the easement would be extinguished.
Sps. Salimbangon vs. Sps. Tan
 Other Causes for Extinguishment of Easement
• Expropriation of the servient estate
• Permanent impossibility to make use of the easement
• Annulment, rescission, or cancellation of the title that
constituted the easement
• Abandonment of the servient estate
• Resolution of the right of the grantor to create the easement
• Registration of the servient estate as FREE
• Opening of an adequate outlet to the highway if the servient
owner makes a demand for such extinguishment
Art. 632. The form or manner of using
the easement may prescribe as the
easement itself, and in the same way.
Voluntary Easements

• The easement may itself prescribe.

• The form or manner of using (like number of

windows, location of pathway, width of road) may
also prescribe in the same manner as the
easement itself.
Art. 633. If the dominant estate
belongs to several persons in
common, the use of the easement by
any one of them prevents prescription
with respect to the others.
 Prescription of Use by One Co-owner
of the Dominant Estate

• Easements are indivisible

• Hence, the use by a co-owner inures to the benefit

of all the other co-owners and prevents
prescription as to shares of the latter

• In other words, the use by a co-owner is deemed to be

used by each and all the co-owners.
LEGAL EASEMENTS
Art. 634. Easements imposed by law
have for their object either public use or
the interest of private persons.
Definition of Legal
Easement
• They are the easements imposed by the law, and which have for their
object — either:
a. public use
b. or the interest of private persons

• Compulsory; imposed by law regardless if owner likes it or not

• An easement that the court will declare to exist on the basis of the
presence of the requirements provided for by law.

• Independent of the will of the owner of the servient estate

• Another term for legal easement is COMPULSORY EASEMENT

 Kinds of Legal Easement

1. Public legal easements or those for public or

communal use

2. Private legal easements or those for the interest

of private persons or for private use
2. Private legal easements or those for the
interest of private persons or for private
use, which include those relating to:

1. Waters
2. Right of way
3. Party wall
4. Light and View
5. Drainage
6. Intermediate
Distances
7. Against nuisance
8. Lateral and
Subjacent
support
Art. 635. All matters concerning
easements established for public or
communal use shall be governed by the
special laws and regulations relating
thereto, and, in the absence thereof, by
the provisions of this Title.
How are public easements governed?

• Special laws and regulations

• Civil Code (suppletory)

Pilar Development Corp. vs. Ramon
Dumadag
Art. 636. Easements established by law in the
interest of private persons or for private use
shall be governed by the provisions of this Title,
without prejudice to the provisions of general or
local laws and ordinances for the general welfare.

These easements may be modified by

agreement of the interested parties, whenever
the law does not prohibit it or no injury is
suffered by a third person.
How are legal easements for private interests governed?

1. Public legal easements – they are governed primarily by the special

laws and regulations relating thereto, and by the Civil Code (634-687),
inclusive.

2. Private legal easements

a. By agreement of the interested parties provided it is not

prohibited by law or injurious to a third person

b. In the absence of agreement, by the provisions of general and local

laws and ordinances for the general welfare; and

c. In default of a and b, by articles 634 to 687, inclusive of the Civil

Code.
Thank you!

Presented by:
Versoza, Caryssa
Ragay, Christdell
Dublado, Denise
Taala, Deirdre