ARTICLES 654-658

Art. 654
• If the right of way is permanent
-necessary repairs shall be made by the
owner of the dominant estate

• A proportionate share of the taxes shall be

reimbursed by said owner to the proprietor of
the said estate.
• COMPUTATION FOR REIMBURSEMENT:
______amount of taxes_____
number of sq.m (or hectares)
used as right of way
 Art. 655
• If the right of way granted to a surrounded
estate ceases to be necessary because the
owner has joined it to another abutting on a
public road
-the owner of the servient estate may
demand that the easement be extinguished
-returning what he may have received by
way of indemnity
• The interest on the indemnity shall be deemed to
be in payment of rent for the use of the easement

• Same rule- in case of a new road is opened giving

access to the isolated estate

• In both cases, the public highway must

substantially meet he needs of the dominant estate
in order that the easement may be extinguished
 Causes for extinguishment of easement of
right of way
1. When the dominant estate is joined to
another estate which is abutting a public
road, the access being adequate and
convenient.
2. When a new road is opened giving access to
the isolate estate
 Extinguishment is not ipso facto
• If the servient owner, who is given the right to
ask for the extinguishment of the easement
does not care to terminate the servitude, it
shall remain
• In which case, he is not yet obliged to refund
the indemnity he had received from the
dominant owner
 Return of Indemnity
• No interest due
• When not required by law
 No Interest Due

• If the servient owner decides to demand the

extinguishment of the servitude, he must
return the amount he had received as
indemnity to the dominant owner without any
interest.
 When Not Required By Law
• When the easement is not permanent but
only temporary, upon extinction, there is no
indemnity to reimburse.
 Art. 656
• If it be indispensable for the construction,
repair, improvement, alteration or
beautification of a building, to carry, materials
through the estate of another, or to raise
thereon scaffolding or other objects necessary
for work,
-the owner of such estate shall be obliged to
permit the act, after receiving payment of the
proper indemnity for the damage caused him
 Indispensability
• It should not be literally construed
• It is enough that there is great inconvenience
to be suffered without the establishment of
the easement
 Art. 657
The easement of right of way
1. For the passage of livestock known as animal
path, animal trail or any other
2. For watering places, resting places and animal
folds
• They are governed by ordinances and regulations
in the place
• In the absence of ordinances and regulations, the
usages and customs of the place will apply
Maximum Widths of Right of Way
1. Animal Path- not more than 75 meters
2. Animal Trail- not more than 37 meters and 50
cm
3. Cattle- not more than 10 meters
4. Drawing of waters or for watering animals
which carry the accessory easement of right
of way- not more than 10 meters
SECTION 4-Easement of Party Wall
PARTY WALL
- a wall erected on line between 2 adjoining
properties belonging to different persons, for
the us of both estates.
- a wall or solid partition standing at the
dividing line of 2 estates
 Art. 658
RULES THAT GOVERN EASEMENT OF PARTY
WALL:
1. Provisions of the Civil Code relating to
easements or servitudes
2. Local ordinances and customs which do not
conflict with the provisions of the Civil Code
3. Provisions of the Civil Code on Co-ownership