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  • Voluntary Easements Presentation

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    Bonifacio Peralta
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    The document discusses voluntary easements under Articles 688-693. It summarizes that an owner of land may establish an easement unless it violates laws, public policy or order. A usufructuary can create easements without the consent of the owner if the owner's rights are not impaired. When different people own the land and beneficial use, consent of both is required for a perpetual easement. Creating an easement on common property requires unanimous consent of co-owners. The rules for voluntary easements depend on how they were created, such as by title, prescription, or the Civil Code. A servient owner who agreed to maintain an easement is bound like a dominant owner to contribute to maintenance and preservation, and

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    VOLUNTARY EASEMENTS PRESENTATION

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    VOLUNTARY EASEMENTS PRESENTATION

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    The document discusses voluntary easements under Articles 688-693. It summarizes that an owner of land may establish an easement unless it violates laws, public policy or order. A usufructuary can create easements without the consent of the owner if the owner's rights are not impaired. When different people own the land and beneficial use, consent of both is required for a perpetual easement. Creating an easement on common property requires unanimous consent of co-owners. The rules for voluntary easements depend on how they were created, such as by title, prescription, or the Civil Code. A servient owner who agreed to maintain an easement is bound like a dominant owner to contribute to maintenance and preservation, and

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    4 views10 pages

    Voluntary Easements Presentation

    Uploaded by

    Bonifacio Peralta
    The document discusses voluntary easements under Articles 688-693. It summarizes that an owner of land may establish an easement unless it violates laws, public policy or order. A usufructuary can create easements without the consent of the owner if the owner's rights are not impaired. When different people own the land and beneficial use, consent of both is required for a perpetual easement. Creating an easement on common property requires unanimous consent of co-owners. The rules for voluntary easements depend on how they were created, such as by title, prescription, or the Civil Code. A servient owner who agreed to maintain an easement is bound like a dominant owner to contribute to maintenance and preservation, and

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    VOLUNTARY EASEMENTS

    (ARTICLE 688-693
    BONIFACIO N. PERALTA
    NOVEMBER 26, 2022
    ARTICLE 688

    Owner of land may constitute easement


    provided he does not contravene the laws,
    public policy or public order.
    ARTICLE 688

    Voluntary easements are not contractual in


    nature; they constitute the act of owner.
    ARTICLE 689

    The owner of the property in usufruct may create


    easements thereon without the consent of the
    usufructuary provided the rights of the latter are
    not impaired.
    ARTICLE 690

    Where the naked ownership and beneficial ownership of


    the estate belong to different persons, and the easement is
    perpetual, the consent of both owners is REQUIRED.
    ARTICLE 691

    The creation of a voluntary easement on property


    owned in common requires the UNANIMOUS
    CONSENT of all the co-owners.
    WHY UNANIMOUS?

    Because it involves an act of alteration (Article 491) and


    not merely an alienation of an ideal share of a co-owner
    (Article 493).
    *consent may be given separately or successively
    WHAT IF THE CONSENT IS GIVEN BY SOME
    ONLY?
    The easement must await the consent of the last one of
    all the co-owners.
    ARTICLE 692 – RULES GOVERNING VOLUNTARY
    EASEMENTS

    (1) If created by title, such as contract, will, etc., then by such TITLE;
    (2) If created by prescription, by the Form and Manner of
    POSSESSION of the easement
    (3) In default of the above, by the provisions of the Civil Code on
    easement.
    ARTICLE 693 –WHERE SERVIENT OWNER BOUND
    HIMSELF TO BEAR THE COST OF MAINTENANCE OF
    EASEMENT
    (1) He is bound to fulfill the obligation he has contracted in the same way that
    such an owner, should he make use of the easement, is bound to contribute
    to the works necessary for the use and preservation of the servitude.
    (2) The servient owner may free himself from his obligation by renouncing or
    abandoning his property to the dominant owner (maybe in portion or the
    entire servient estate) *must follow the form required by law for
    transmission of ownership of real property*

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