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Title VII. - EASEMENTS OF SERVITUDES

A. EASEMENTS IN GENERALSECTION 1. - Different Kinds of Easements

1. Concept of easement - a servitude (civil law term vs. easement, acommon law terms) or a real right constituted on the corporealimmovable property of another ( servient estate), by virtue of whichthe owner of the latter has to refrain from doing or to allow thatsomeone to do something on his property, for the benefit of anotherthing or person (dominant estate). A limitation on ownership and arestriction on the enjoyment of ones own property.

Art. 613. An easement or servitude is an encumbrance imposed uponan immovable for the benefit of another immovable belonging to adifferent owner.The immovable in favor of which the easement is established is calledthe dominant estate; that which is subject thereto, the servient estate.

2. Elements:

i. A real rightii. Imposed only on the property of another and never on ones

own propertyiii. Produces a limitation of ownership but ownership of

servient estate is unimpaired.

iv. Inseparable from the property to which it is actively rpassively attached.

v. Exist only on neighboring properties.

3.Distinction from lease no possession and no owner

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4. Beneficiaries real vs. personal easement for the benefit f antherimmovable as against for the benefit of persons without a dominantimmovable estate.

Art. 614. Servitudes may also be established for the benefit of a

community, or of one or more persons to whom the encumberedestate does not belong. (531)

5. Continuous v discontinuous; apparent vs. non-apparent incessantvs. with intervals; made known by external signs vs. no signs shown

Art. 615. Easements may be continuous or discontinuous, apparent or

nonapparent.

Continuous easements are those the use of which is or may beincessant, without the intervention of any act of man.Discontinuous easements are those which are used at intervals anddepend upon the acts of man.

Apparent easements are those which are made known and arecontinually kept in view by external signs that reveal the use andenjoyment of the same.Nonapparent easements are those which show no external indicationof their existence.

6. Positive vs. negative with duty on servient estate to do somethingor to allow something to be done vs. with prohibition from doingsomething.

Art. 616. Easements are also positive or negative.A positive easement is one which imposes upon the owner of theservient estate the obligation of allowing something to be done or ofdoing it himself, and a negative easement, that which prohibits theowner of the servient estate from doing something which he couldlawfully do if the easement did not exist. (533)

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7. Intransmissibility mere accessories to the real property

Art. 617. Easements are inseparable from the estate to which theyactively or passively belong.

8. Indivisibility arises from the inherence, integrity andinseparability of the easement

Art. 618. Easements are indivisible. If the servient estate is dividedbetween two or more persons, the easement is not modified, and eachof them must bear it on the part which corresponds to him.If it is the dominant estate that is divided between two or morepersons, each of them may use the easement in its entirety, without

changing the place of its use, or making it more burdensome in anyother way.

9. Manner in which easement established by law or by will; legal orvoluntary; cannot be created by courts but can only be declared.

Art. 619. Easements are established either by law or by the will of theowners. The former are called legal and the latter voluntaryeasements.