arlan easement

8/4/2019 Arlan Easement

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Encumbrance of the ones property for the benefit ofanother immovables [Art.613 (1)]

or of another person/s or of community(Art. 614)

It is not created by the Court (Art. 619)Merely declare its existence by virtue of recognition by the owner ofservient estate. (Art. 623)

It is created bylawor bywill of the owners ormixed

Legal easementVoluntary easement


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Servient Estate

- burdened estate

- NOT cancellation of rights

Dominant Estate-in favor on which is established-benefited otherwise no easement- may not exercise but can exercise- limited use only but NO possession

Properties Involved in an Easement

Article 613 (2)


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Easementdistinguished fromUsufruct Easement

Cannot be alienated

The use is specific

Usufruct

Generally can be

alienated

The use is broad


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Effects of the Easements Established All the necessary rights are granted (Art. 625) The Original Purpose of use only. (immovables)(Art. 626) Inseparable to which they belong (Article 617)

Hence, it cannot be sold or donated or mortgage independently to which theymay be attached

In case of registration under Torrens System On dominant estatewithout registration of the voluntary easement

Does not extinguish easement

On servient estatewithout registration of the easement burdening Extinguishes the easement 1

Exception:

If third person has actual knowledge of the existence ofeasement2

Therefore if the servient estate is registered but third person has actualknowledgeof the existence of the easement, the same is not extinguished

1Santos v. Reyes, 46 O.G. No, 15, p. 3140; 2Mendoza v. Rosel, 74 Phil. 87


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Effects of the Easements

Established

Indivisible (Article 618)

Effects of division of

Servientestate:

Easement is not modified Each part owner must bear which it corresponds

Dominant estate :

The place of easement cannot be changed or make itburdensome

Each part owner may use the entire easement corresponding


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Classification of EasementsAccording to Party Given the Benefit

Real (Art. 613) For the benefit of another immovable belonging to different

owners e.g. (Art. 637: Easement of water where lower estate are obliged

to allow water naturally descending from upper estate to lowerestates)

Personal (Art. 614) For the benefit of anotherperson/s or of community (not for

the owner) e.g. (Art. 657: Easement of Right of Way for passage of

livestock)


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Classification of Easements(Art. 615)According to Manner They are Exercised

Continuous Their use is incessant without intervention of any act of man

(it is enough that the use could be incessant) e.g. Easement of drainage

Discontinuous Their use is at intervals and depend upon acts of man

E.g. Easement of right of way


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Classification of Easements(Art. 615)According to whether or not is indicated

Apparent Those made known and continually kept in view by external

signs. e.g. right of way when there is permanent path

Non-apparent

They show no external indication of their existencee.g. negative easements


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Classification of EasementsAccording to Purpose and Nature of the Limitation

Positive The servient is obliged to 1: allow something to be done or 2:

to do it himself 1. (Art. 668: Easement of light and view in a party wall)

2. duty to cut off tree branches extending over the neighboringestate

Negative The owner of the servient estate is prohibited something in

which he could do it lawfully if easement does not exist

Art. 667. Opening of the party wall without the consent of theother part-owner


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Modes of Acquiring Easements

Kinds of Easements acquired:

By virtue ofTitle only:(Art. 622) Discontinuous and Apparent

Continuous and non-apparent

Discontinuous and non apparent

Existence of apparent signs established or maintainedby servient and ownerunless the contrary is provided in the conveyance of title (Art. 624)

By virtue ofTitle and Prescription of 10 years

Continuous and apparent (Art. 620)Meaning ofTitle

- juridical act or law sufficient to create the encumbrance i.e. law, donation, testamentary succession,contracts


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Computation of Prescription(Art. 621)(Positive easement, time of possession)

Prescription Runs From: The day owner of dominant estate or person who may use

commenced to exercise it on the servient estate(Negative easement)When the act of prohibition is acknowledged before a notary

public

It is to be noted that in general non-apparent easements arenot acquired by prescription. In negative easement althoughnot apparent, can be acquired by prescription because ofnotarial prohibition which make it apparent.

(Art. 623) : Recognition of the owner of servient or judicial declaration

if no proof showing existence of easement for purposes ofprescription

h d bl f h


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Rights and Obligations of the

owner of the Dominant and

Servient Estates

Dominant Estate/s

Rights Obligations

Makes necessary worksto use and preserve(Art. 625)

But not to alter it or

make it burdensomee.g. Right of Way:he cannot increasethe agreed width ofthe path, nor depositsoil

Notify the owner ofthe servient estate inconvenient time ofthe servient (Art.627)

Contribute for theworks and

preservation (severaldominant)(art 626)

To renounce totally hisbenefits should he refuseto contribute

Ask for MandatoryInjunction to prevent

impairment of the use


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Servient Estate

Rights Obligations

In general, Not to impairthe use of easement [Art.

629(1)]

Contribute the sameproportion unless anagreement provideotherwise (Art. 628)

May use the easement

To change the locationof a very inconvenienteasement provided thatan equally convenientsubstitute is madewithout injury to thedominant estate [Art.629 (2)]


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Extinguishment of Easements

Civil Code (Art. 631)

Merger ofdominant and servient estate The merger must be absolute, complete and not temporary

Non-use of ten years Continuous from the day the contrary act appears

Discontinuous - use ceases Impossibility of use

Permanent But revive the use if it permits unless barred byprescription

Renunciation of the owners of dominant estate Fulfillment of the Condition

Redemption Agreed upon


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Other Causes of extinguishment Expropriation or Abandonment of the servient estate

Annulment, rescission, or cancellation of title

constituting easement Non-registration of easement by the servient

Demand of the owner of the servient estate for theextinguishment of right of way. (Art. 655)

arlan easement

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