Q: What are the obligations of the dominant owner?
A: CAN C
1. He cannot Alter the easement or render it more burdensome. (Art. 627 par. 1,NCC)
2. He shall Notify the servient owner of works necessary for the use and preservation of the servitude. (Art. 627 par. 2,NCC)
3. He must Choose the most convenient time and manner of making the necessary works as to cause the least inconvenience to the servient owner.
4. If there are several dominant estates he must Contribute to the necessary expenses in proportion to the benefits derived from the works (Art. 628 par.
1,NCC)
SERVIENT OWNER
Q: What are the rights of the servient owner?
A: RMC
1. Retain the ownership of the portion of the estate on which easement is imposed
2. Make use of the easement unless there is an agreement to the contrary. (Art.
628 par. 2, NCC),
3. Change the place or manner of the use of the easement, provided it be equally convenient (Art. 629, par. 2,NCC)
Q: What are the obligations or limitations imposed on the servient owner?
A: IC
1. He cannot Impair the use of the easement.
2. He must Contribute to the necessary expenses in case he uses the easement, unless otherwise agreed upon
(Art. 628 par. 2, NCC)
B. CLASSIFICATIONS OF EASEMENT Q: What are the classifications of easements?
A:
1. As to recipient of the benefit:
a. Real (or Predial) – The easement is in favor of another immovable.
b. Personal – The easement is in favor of a community, or of one or more persons to whom the encumbered estate does not belong (easement of right of way for passage of livestock).
2. As to purpose or nature of limitation:
a. Positive – One which impose upon the servient estate the obligation of allowing something to be done or of doing it himself.
b. Negative – That which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist
3. As to the manner of exercised:
a. Continuous – Their use may or may not be incessant
Note: For acquisitive prescription, the easement of aqueduct and easement of light and view are considered continuous.
b. Discontiuous – used at intervals and depend upon the acts of man.
Right of way ‐ because it may be exercised only if a person passes or sets foot on somebody else’s land.
4. As to whether their existence is indicated:
a. Apparent – Made known and continually kept in view by external signs that reveal the use and enjoyment of the same
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U N I V E R S I T Y O F S A N T O T O M A S F a c u l t a d d e D e r e c h o C i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
e.g. right of way when there is an alley or a permanent path
b. Non‐apparent – They show no external indication of their existence.
e.g. easement of not building to more than a certain height.
5. As to the right given:
a. Right to partially use the servient estate
e.g right of way
b. Right to get specific materials or objects from the servient estate
c. right to participate in ownership
e.g easement of party wall d. Right to impede or prevent
the neighboring estate from performing a specific act of ownership.
6. As to source:
a. Legal – those created by law for public use or private interests.
b. Voluntary ‐ constituted by will or agreement of the parties or by testator.
c. Mixed – created partly by agreement and partly by law.
7. As to the duty of the servient owner:
a. Positive – Imposes upon the owner of the servient estate the obligation of allowing something to be done or doing it himself.
e.g. right of way ‐ imposes the duty to allow the use of said way.
b. Negative – Prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist.
e.g. Easement of light and view where the owner is prohibited from obstructing the passage of light.
1. LEGAL EASEMENT Q: What is a Legal Easement?
A: An easement established by law for public use or for the interest of private persons.
Q: What is a Public Legal Easement?
A: A Public Legal Easement is for public or communal use.
Q: What is a Private Legal Easement?
A: A Private Legal Easements is for the interest of private persons or for private use.
Q: What are the kinds of legal easements?
A: WIND – PLW
1. Easement relating to Waters 2. Easement relating to right of Way 3. Intermediate distances and works for
certain construction and plantings 4. Easement against Nuisance 5. Drainage of Building 6. Easement of Party wall 7. Easement of Light and view
A. RIGHT OF WAY
Q: What is right of way?
A: It is the right to demand that the owner of an estate surrounded by other estates be allowed to pass thru the neighboring estates after payment of proper indemnity.
Q: Can easement of right of way be acquired by prescription?
A: No, because it is discontinuous or intermittent (Ronquillo, et al. vs. Roco, GR No. L‐10619, Feb.
28, 1958).
Q: What kind of servitude in favor of the government is a private owner required to recognize?
A: The only servitude which he is required to recognize in favor of the government is:
1. the easement of a public highway, 2. private way established by law, or
3. any government canal or lateral that has been pre‐existing at the time of the registration of the land.
Note: If the easement is not pre‐existing and is sought to be imposed only after the land has been registered under the LR Act, proper expropriation proceedings should be had, and just compensation paid to the registered owner (Eslaban v. Vda De Onorio, G.R. No. 146062).
Q: What are the requisites for easement on right of way?
A: POON‐D
1. The easement must be established at the point least Prejudicial to the servient estate
2. Claimant must be an Owner of enclosed immovable or with real right
3. There must be no adequate Outlet to a public highway
4. The right of way must be absolutely Necessary not mere convenience 5. The isolation must not be Due to the
claimant’s own act
6. There must be payment of proper Indemnity.
Q: What if the property is not the shortest way and will not cause the least damage to the servient estate?
A: The way which will cause the least damage should be used even if it will not be the shortest.
The easement of right of way shall be established at the point least prejudicial to the servient estate and where the distance from the dominant estate to a public highway is the shortest. In case of conflict, the criterion of least prejudice prevails over the criterion of shortest distance
Q: What does “least prejudicial” mean in determining the right of way?
A: It means it is the shortest way and the one which will cause the least damage to the property to the servient estate in favor of the dominant estate.
Q: The coconut farm of Federico is surrounded by the lands of Romulo. Federico seeks a right of way through a portion of the land of Romulo to bring his coconut products to the market. He has chosen a point where he will pass through a housing project of Romulo. The latter wants him to pass another way which is 1km longer. Who should prevail?
A: Romulo will prevail. Under Art. 650, the easement of right of way shall be established at the point least prejudicial to the servient estate and where the distance from the dominant estate to a public highway is the shortest. In case of conflict, the criterion of least prejudice prevails over the criterion of shortest distance. Since the route chosen by Federico will prejudice the housing project of Romulo, Romulo has the right to demand that Federico pass another way even though it will be longer. (2000 Bar Question) Q: Spouses dela Cruz are occupants of a parcel of land located at the back of Ramiscal’s property.
They use as their pathway, to and from the nearest public highway from their property, a long strip of land owned by Ramiscal. They also enclosed such strip of land with a gate, fence, and roof. Ramiscal demanded that the spouses demolish the same. The spouses refused. Are the spouses entitled to a right of way?
A: No. There is no voluntary nor legal easement established. The spouses failed to show that they entered into an agreement with Ramiscal to use the pathway. Art 649 provides that the easement of right of way is not compulsory if the isolation of the immovable is due to the proprietor’s own acts. Mere convenience for the dominant estate is not enough to serve as its basis. There should be no other adequate outlet to a public highway.
Also, under Art. 649, it is the owner or any person who by virtue of a real right may cultivate or use any immovable surrounded by other immovable pertaining to other persons, who is entitled to demand a right of way through the neighboring estates. Here, the spouses fell short of proving that they are the owners of the supposed dominant estate. (Eslaban v. Vda De Onorio, G.R.
No. 146062)
Q: David owns a subdivision which does not have an access to the highway. When he applied for a license to establish the subdivision, he represented that he will purchase a ricefield located between his land and the highway, and develop it into an access road. However, when the license was granted, he did not buy the rice field, which remained unutilized. Instead, he chose to connect his subdivision with the neighboring subdivision of Nestor, which has an access to the highway. When Nestor and David failed to arrive at an agreement as to compensation, Nestor built a wall across the road connecting with David’s subdivision. Is David entitled to an easement of right of way through the subdivision of Nestor which he claims to be the most adequate and practical outlet to the highway?
A: No, David is not entitled to the right of way being claimed. The isolation of his subdivision was due to his own act or omission because he did not develop an access road to the rice fields which he was supposed to purchase according to his own representation when he applied for a license to establish the subdivision. (Floro vs. Llenado, 244 SCRA 713)
Q: How much is the proper indemnity to the servient estate?
A: If the passage is:
1. Continuous and permanent ‐ the indemnity consists of the value of the land occupied plus the amount of damages caused to the servient estate.
2. Temporary – indemnity consists in the payment of the damage caused
Q: How wide should an easement of right of way be?
A: The width of the easement shall be that which is sufficient for the needs of the dominant estate.(Art. 651, NCC)
Q: Can a dominant owner demand a driveway for his automobile?
A: Yes, due to necessity of motor vehicles in the present age.
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U N I V E R S I T Y O F S A N T O T O M A S F a c u l t a d d e D e r e c h o C i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
Q: Who is responsible for repairs and taxes?
A:
1. As to repairs the dominant owner is liable for necessary repairs.
2. As to proportionate share of the taxes it shall be reimbursed by said owner to the proprietor of the servient estate.
This applies only to permanent easements. (Art. 654, NCC)
Q: What are the special causes of extinguishment of right of way?
A:
1. The opening of a public road, or 2. Joining the dominant tenement to
another which has an exit to a public road.
Q: Is said extinguishment automatic?
A: No. There must be a demand for extinguishment coupled with tender of indemnity by the servient owner.
Q: Emma bought a parcel of land from Equitable‐
PCI Bank, which acquired the same from Felisa, the original owner. Thereafter, Emma discovered that Felisa had granted a right of way over the land in favor of the land of Georgina, which had no outlet to apublic highway, but the easment was not annotated when the servient estate was registered under the Torrens system. Emma then filed a complaint for cancellation of the right of way, on the ground that it had been extinguished by such failure to annotate. How would you decide the controversy?
A: The complaint for cancellation of easement of right of way must fail. The failure to annotate the easement upon the title of the servient estate is not among the grounds for extinguishing an easement under Art. 631 of the Civil Code. Under Art 617, easements are inseparable from the estate to which they actively or passively belong.
Once it attaches, it can only be extinguished under Art 631, and they exist even if they are not stated or annotated as an encumbrance on the Torrens title of the servient estate. (2001 Bar Question)
OTHER LEGAL EASEMENTS