Usufruct cannot be constituted in favor of a town, corporation or association for more than 50 years
Usufruct constituted on
immovable whereby a building is erected – and building is destroyed – right to make use of land and materials
If owner wishes to construct a new building – pay usufructuary the value of interest of land and materials
Both share in insurance if both pay premium; if owner only – then proceeds will go to owner only
Effect of bad use of the thing – owner may demand the delivery of and administration of the thing with responsibility to deliver net fruits to usufructuary at termination of usufruct
Thing to be delivered to owner with right of retention for taxes and extraordinary expenses w/c should be reimbursed, security of mortgage shall be cancelled
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TOPICS UNDER THE SYLLABUS I. EASEMENTS
1. Kinds of Easements 2. Rights and Obligations 3. Modes of Extinguishment 4. Legal Easements
a. Public b. Private
i. Waters
ii. Right of Way iii. Party Wall iv. Light and View v. Drainage of Building vi. Intermediate Distances vii. Against Nuisance
viii. Lateral and Subjacent Support
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EASEMENT is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate.
1.
KINDS
a) According to purpose of easement or the nature of limitation
a.
Positive – one which imposes upon the servient estate the obligation of allowing something to be done or of doing it himselfb.
Negative – that which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not existb) According to party given the benefit
a.
Real (or predial) – for the benefit of another belonging to a different owner (e.g. easement of water where lower estates are obliged to allow water naturally descending from upper estates to flow into them)b.
Personal – for the benefit of one or more persons or community (e.g. easement of right of way for passage of livestock) c) According to the manner they areexercised
i. Continuous – their use is incessant or may be incessant
a. for legal purposes for acquisitive prescription, the easement of aqueduct is considered continuous;
easement of light and view is also continuous
ii. Discontinuous – used at intervals and depend upon
the acts of man
Ex. right of way because it can only be used if a man passes
d) According to whether or not their existence is indicated
i. Apparent – make known and continually kept in view
by external signs that reveal the use and enjoyment of
the same
Ex. right of way when there is an alley or a permanent path
ii. Non-apparent – they show no external indication of
their existence
Ex. easement of not building to more than certain height
DOCTRINE OF APPARENT SIGN - Easements are inseparable from the estate to which they actively or passively pertain. The existence of the apparent sign under Art. 624 is equivalent to
a
title. It is as if there is an implied contract between the two new owners that the easement should be constituted, since no one objected to the continued existence of the windows. Amor v.
Florentino, 74 Phil 404 (1951) e) According to right given
i. Right to partially use the servient estate
Ex. right of way
ii. Right to get specific materials or objects from the servient estate
iii. Right to participate in ownership Ex. easement of party wall
iv. Right to impede or prevent the neighboring estate from performing a specific act of ownership
f) According to source or origin and establishment of easement
a. Voluntary – constituted by will or agreement of the parties or by a testator b. Mixed – created partly by agreement and
partly by law
c. Legal – constituted by law for public use or for private interest
How established:
1. By law (Legal)
2. By the will of the owners (Voluntary)
3. Through prescription (only for continuous and apparent easements)
Resultantly, when the court says that an easement exists, it is not creating one. For, even an injunction cannot be used to create one as there is no such thing as a judicial easement. The court merely declares the existence of an easement created by the parties. La Vista Association v. CA, 278 SCRA 498 (1997)
Essential qualities of easements:
1. Incorporeal
2. Imposed upon corporeal property
3. Confer no right to a participation in the profits arising from it
4.
Imposed for the benefit of corporeal property5.
Has 2 distinct tenements – dominant and servient estate6. Cause must be perpetual 2. RIGHTS AND OBLIGATIONS a) Rights Of Dominant Owner
1. Exercise all rights necessary for the use of the easement
2.M ake any works necessary for the use and preservation of the servitude; subject to the following conditions:
A. The works shall be at his expense, are necessary for the use and preservation of the servitude;
B. They do not alter or render the servitude more burdensome;
C. The dominant owner, before making the works, must notify the servient owner;
D. They shall be done at the mostand convenient time and manner so as to cause the least inconvenience to the servient owner
3. Renounce the easement if he desires to exempt himself from contribution to necessary expenses
4. Ask for mandatory injunction to prevent impairment of his use of the easement
b) Obligations Of The Dominant Owner 1. Notify the servient owner of works necessary
for the use and preservation of the servitude 2. Contribute to the necessary expenses if there
are several dominant estates in proportion to the benefits derived from the works
3. Cannot alter or impose added burden on the easement
4. Choose the most convenient time and manner in making the necessary works as to cause the least inconvenience to the servient owner
c) Rights Of The Servient Owner
1. Retain ownership of the portion on which the easement is established, and may use it in such a manner as not to affect the exercise of the easement
2. Change the place or manner of the use of the easement, provided it be equally convenient 3. Use the property subject of the easement,
unless there is an agreement to the contrary d) Obligations Of The Servient Owner
1. Contribute to the necessary expenses in case he uses the easement, unless there is an agreement to the contrary
2. Not to impair the use of the easement 3. MODES OF EXTINGUISHMENT How extinguished:
1. Merger in the same person of the ownership of the dominant and servient estates;
2. Non-user for 10 years
a. If discontinuous easements period computed from the day it was ceased to be used
b. If continuous period from the day on which an act contrary to the same took place
3. Expiration of the term or fulfillment of the condition (if temporary or conditional)
4. Renunciation of the owner of the dominant estate
5. Redemption agreed upon between owners of the dominant and servient estates
6. When either or both estates fall into a condition that the easement cannot be used;
revived if subsequent condition should again permit its use, unless sufficient time for prescription has elapsed
4.LEGAL EASEMENTS
LEGAL EASEMENTS are those imposed by law having for their object either public use or the interest of private persons. They shall be governed by the special laws and regulations relating thereto, and in the absence thereof, by the Civil Code.
Kinds Of Legal Easements:
1.
Public – for public or communal use2.
Private – for the interest of private persons/private use, including those relating to: (WRPL-DIAL)a. W aters b. R ight of Way c. P arty Wall d. L ight and View e. D rainage of Building f. I ntermediate Distances g. A gainst Nuisance
h. L ateral and Subjacent Support a) Easement Relating To Waters
Lower estates are obliged to receive the waters which naturally and without the intervention of man descend from the higher estates, as well as stones or earth which they carry with them
Cannot construct works which will impede the easement; neither can the owner of the higher estate make works which will increase the burden
Banks of rivers and streams, although of private ownership, are subject throughout their entire length and within a zone of 3 meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage
Estates adjoining the banks of navigable and floatable rivers are, subject to the easement of towpath, for the exclusive service of river navigation and floatage
Co mpulsory easements for drawing of water and for watering animals can be imposed for reasons of public use in favor of a town or village, after payment of the proper indemnity
Use of any water by anyone can be disposed by having the water flow through the intervening estates but is obliged to do the following:
1. Prove that he can dispose of the water and that it is sufficient for the use intended
2. Show that the proposed right of way is the most convenient and least onerous to 3rd persons
3. Indemnify the owner of the servient estate
Easement of aqueduct is continuous and apparent even though the flow of water may not be continuous
b) Easement Of Right Of Way
Right granted to a person or class of persons to pass over the land of another by using a particular pathway therein, to reach the former’s estates, which have no adequate outlet to a public highway, subject, however to payment of indemnity to the owner of the servient estate
Requisites: (LIPO NA)
1. Claimant must be an o wner of enclosed immovable or one w/ real right
2. N o adequate outlet to public highway 3. Right of way is a bsolutely necessary 4. L east prejudicial
5. I solation not due to claimant’s own act 6. P roper indemnity
a. Not compulsory if the isolation of the immovable is due to the proprietor’s own b. Right of Way is granted without indemnityacts if land was acquired by and is surrounded by the other estates of the vendor, exchanger or co-owner through:
i. Sale ii. Exchange iii. Partition
Burden of proof of proving the requisites on the owner of the dominant estate
EXTINGUISHMENT: Legal or compulsory right of way
When the dominant estate is joined to another estate (such as when the dominant owner bought an adjacent estate) which is
abutting a public road, the access being adequate and convenient
When a new road is opened giving access to the isolated estate
In both cases: must substantially meet the needs of the dominant estate. Otherwise, the easement may not be extinguished.
Extinguishment NOT ipso facto
If extinguished, must return the amount received as indemnity to the dominant owner without any interest. Interest shall be deemed in payment for the rent.
The only servitude w/c a private owner is required to recognize in favor of the government is the easement of a public highway, way, private way established by law, or any government canal or lateral that has been pre-existing at the time of the registration of the land. If the easement is NOT PRE-EXISTING and is sought to be imposed only AFTER the land has been registered under the Land Registration Act, proper expropriation proceedings should be had, and just compensation paid to the registered owner. Eslaban v. Vda. De Onorio, G.R. No. 146062 (2001)
Easement of right of way is DISCONTINUOUS.
It may be exercised only if a person passes or sets foot on somebody else’s land. An easement of right of way of railroad tracks is discontinuous because the right is exercised only if and when a train operation by a person passes over another’s property.
Bomedco v. Valdez, G.R. No. 124669 (2003)
c) Easement Of A Party Wall
A wall erected on the line between two adjoining properties belonging to different persons, for the use of both estates.
Presumed, unless there is a title, or exterior sign, or proof to the contrary:
1. In dividing walls of adjoining buildings up to the point of common elevation
2. In dividing walls of gardens or yards situated in cities, towns, or in rural communities
3. In fences, walls and live hedges dividing rural lands
Exterior signs rebutting presumption:
1. There is a window or opening in the dividing wall of buildings
2.Di viding wall is on one side straight and plumb on all its facement, and on the other, it has similar conditions on the upper part but the lower part slants or projects outward
3. Entire wall is built within the boundaries of one of the estates
4. The dividing wall bears the burden of the binding beams, floors and roof frame of one of the buildings, but not those of the others 5. The dividing wall between courtyards,
gardens and tenements is constructed in such a way that the coping sheds the water upon only one of the estates
6. The dividing wall, being built by masonry, has stepping stones, which at certain intervals project from the surface of one side only, but not on the other
7. The lands enclosed by fences or live hedges adjoin others which are not enclosed
In all these cases, the ownership is deemed to belong exclusively to the owner of the property which has in its favor the presumption based on any of these signs.
d) Easement Of Light And View
Period of prescription for the acquisition shall be counted:
1. From the time of opening of the window, if through a party wall
2. From the time of the formal prohibition upon the proprietor of the adjoining land, if window is through a wall on the dominant estate
4. VOLUNTARY EASEMENTS are those which may be established by the owner of a tenement of piece of land as he may deem suitable, and in the manner and form which he may deem best, provided that he does not contravene the laws, public policy or public order.