prop-provisions-easements.docx

Laws on Property Provisions (Art. 613 – Art. 693)Atty. Melissa Romana Suarez of 8 Althea Mae P. Casador

TITLE VII. EASEMENTS OR SERVITUDES

Chapter 1: Easements in General

Section 1: Different Kinds of Easements

Kinds/classifications of Easements

1) According to party given benefit

a) Real Easements (Art. 613)Definition An encumbrance imposed upon an

immovable for the benefit of another immovable belonging to a different owner

Dominant Estate

The immovable in favor of which the easement is established

Servient Estate

The immovable burdened by the easement established

b) Personal Easements (Art. 614)Definition Servitude established for the benefit of a

community or of one or more persons to whom the encumbered estate does not belong

2) According to the manner of exercise

a. Continuous Easements (Art. 615)Definition The use is incessant, or may be

incessant, without the intervention of any act of man

Example Easement of drainage, right to support a beam on another’s wall, easement of aqueduct, Easement of light and view

b. Discontinuous Easements (Art. 615)Definition The use is at intervals and depends upon

the acts of man.Example Easement of right of way

3) According to WON existence is indicated

a. Apparent Easements (Art. 615)Definition Easements made known and continually

kept in view by external signs that reveal the use and enjoyment of the same

Example Right of way when there is an alley, dam, window in a party wall

b. Non-apparent Easements (Art. 615)Definition Easements that show no external

indication of their existenceExample Right of way if there is no visible alley or

path, all negative easements

4) According to the purpose of the easement or the nature of the limitation

a. Positive Easements (Art. 616)Definition The owner of the servient estate is

obliged:1. To allow something to be done on

his property, OR2. To do it himself

Example Easement of light and view in a party wall, right of way, cutting off of branches extending over the neighboring estates

b. Negative Easements (Art. 616)Definition The owner of the servient estate is

PROHIBITED to do something which he could lawfully do were it not for the existence of the easement

Example Easement of light and view when the window or opening is on one’s own wall or estate

5) According to the right givena. Right to partially use the servient estate

e.g. Right of wayb. Right to get specific materials or objects from the

servient estatee.g. easement of drawing water

c. Right to participate in ownership

e.g. easement of party walld. Right to impede or prevent the neighboring estate

from performing a specific act of ownershipe.g. easement of intermediate distances

6) According to source or origin

a. Voluntary Easements – constituted by will or agreement of the parties or by a testator (Art. 619)

b. Mixed Easements – created partly by agreement and partly by law

c. Legal Easements – those constituted by law for public use or for private interest (Art. 619)e.g.

Waters (Arts. 637-648)Right of Way (Arts. 649-657)Party Wall (Arts. 649-657)Light and View (Arts. 667-673)Drainage of buildings (Arts. 674-676)Intermediate distances (Arts. 677-681)Against Nuisances (Arts. 682-683)Lateral and subjacent support (Arts. 684-687)

Inseparability of Easements

Art. 617: Easements ate inseparable from the estate to which they actively or passively belong

Indivisibility of Easements

Consequences of division of the estate (Art. 618)Servient Estate 1) The easement is not modified

2) Each of the owners must bear the easement on the part which corresponds to him

Dominant Estate

1) Each of the owners may use the easement in its entirety

PROVIDED:a) the place of its use will not be

changedb) it will not be made more

burdensome in any other way

Section 2: Modes of Acquiring Easements

Acquisition of continuous and apparent Easements (Art. 620)

By Title A juridical act or law sufficient to create the encumbrancee.g. law, donation, testamentary succession, contract

By Prescription

10 years irrespective of the good or bad faith on the part of the possessorPositive Easement From the day the

owner of the dominant estate, or the person who may have made use of the easement commenced to exercise it upon the servient estate (Art. 621)

Negative Easement From the day on which the owner of the dominant estate forbade the owner of the servient estate from executing an act which would be lawful without the easementHOW? By an instrument acknowledged before a notary public (Art. 621)

By Expropriation

see: Republic vs. PLDT. L-18841

Acquisition by title ONLY (Art. 622)

1. Continuous Non-apparent Easement

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2. Discontinuous EasementsAbsence of a Document/Proof showing the Origin of an Easement (Art. 623)

Applicability of the article Those that cannot be acquired through prescription (see previous article)

How cured 1) Deed of Recognition by the servient estate

2) Final judgement declaring its existence

When one or both of the two estates owned by one person is alienated and an easement is existing therein (Art. 624)

General Rule The existence of an apparent sign shall be considered as a title in order that the easement may continue actively and passively

Exceptions At the time the ownership of the two estates is divided:

1. The contrary is provided in the title of conveyance of either of them

2. The sign is removed before the execution of the deed

The provision shall also apply in case of the division of a thing owned in common by two or more persons

Grant of Necessary Rights (Art. 625)

General Rule All rights necessary for the use of the easement is considered granted upon the establishment of the sameNecessary rights include:

1. Repair 2. Maintenance3. Accessory easements

To prejudice third persons

Voluntary Easements must be registered. No need for Legal Easements since they exist as a matter of law and necessity

Limitations of the Dominant Estate (Art. 626)

1.

Cannot use the easement except for the benefit of the immovable originally contemplated

2.

Neither can he exercise the easement in any other manner than that previously established

Section 3: Rights and Obligations of the Owners of the Dominant and Servient Estates

Making of Necessary Works to Use and Preserve the Easement

Dominant Owner (Art. 627)Right Make on the servient estate any works

necessary for the use and preservation of the servitudeLIMITATIONS:

1. At his own expense2. Without altering the

easement3. Without making the

easement more burdensome

Obligations

1. Notify the owner of the servient estate2. Choose the most convenient time and

manner so as to cause the least inconvenience to the owner of the servient estate

Several Dominant Owners (Art. 628)Right Make on the servient estate any works

necessary for the use and preservation of the servitude

ObligationExemption

All owners shall contribute to the expenses in proportion to the benefits which each may derive from the work

Those who do not wish to contribute may exempt himself by renouncing the easement for the benefit of the others

Servient Owner (Art. 628)Obligation Shall also contribute to the expenses,

provided he shall make use of the easement in any manner whatsoever

Exception An agreement to the contrary

When the place of the Easement may be changed by the Servient Estate (Art. 629)

General Rule

The owner of the servient estate cannot impair, in any manner whatsoever the us the servitude

Exception The owner of the servient estate may change the place and the manner established for the use of the easement:

1.When the easement should become very inconvenient to the owner of the servient estate

2. When the easement should prevent the owner of the servient estate from making any important works, repairs or improvements thereon

LIMITATIONS

1. At his own expense2. He must offer another place

or manner equally convenient

3. In such a way that no injury is caused thereby to the owner of the dominant estate or to those who may have a right to the use of the easement

Rights of the owner of the Servient Estate (Art. 630)

Rights 1. Retains the ownership of the portion on which the easement is established

2. May use the same Limitation

Must not affect the exercise of the easement

Section 4: Modes of Extinguishment of Easements

How are Easements Extinguished? (Art.631 )

1.

Merger in the same person of the ownership of the dominant and servient estates

2.

Non-user for 10 yearsDiscontinuous Easements – from the day they ceased to be usedContinuous Easements – from the day on which an act to the contrary took place

3.

Impossibility of UseRequisites:

1. Either or both estates falls in the condition that the easement cannot be used

2. The subsequent condition of the estates should again permit its use

3. Upon the use of the easement becomes possible, the same will not be used for 10 years

The easement is revived if the condition of the easement should again permit its use

4.

Expiration of the term or the fulfillment of the condition

Applies to temporary or conditional easements5.

Renunciation of the owner of the dominant estate

6.

Redemption agreed upon between the owners of the dominant and servient estates

MA: M I N E R R

Other Causes for the Extinguishment of Easement

1. Expropriation of the servient estate2. Permanent impossibility of use3. Annulment, rescission or cancellation of the title that

constituted the easement4. Abandonment of the servient estate5. Redemption of a property sold a retro6. Registration of the servient estate as Free

Exception: there is a stipulation to the contrary or actual knowledge of the existence of the easement

7. Opening of an adequate outlet to the highwayApplies to Legal Easement only

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Prescription of the form or manner of using the easement (Art. 632)

Voluntary Easement

Easement itself May prescribeForm and manner of using it

May prescribe

Legal Easement

Easement itself GR: Do not prescribeEXC: Natural drainage

Form and manner of using it

May prescribe

Prescription if Dominant estate belongs to several persons in common (Art. 633)

The use of the easement by any one of them prevents prescription with respect to the others.

Chapter 2: Legal Easements

Section 1: General Provisions

Legal Easements (Art. 634)

Definition

Easements imposed by law, which have for their object either public use or the interest of private persons

Examples

1. Easements relating to water2. Right of way3. Party wall4. Light and view5. Drainage 6. Intermediate distances7. Easements against nuisance8. Lateral and subjacent support

What law shall govern?

Public or Communal Easements (Art. 635)

1.

Special laws and regulations

2.

Civil Code

Easements for Private Interests (Art. 636)

1.

Agreement of interested parties provided not prohibited by law nor prejudicial to third persons

2.

General or local laws and ordinances for the general welfare

3.

Civil Code

Section 2: Easements Relating to Waters

Legal Easements Relating to Waters

1. Natural drainage of lands2. Natural drainage of buildings3. Easement on riparian banks for navigation, floatage,

fishing, salvage4. Easement of a dam5. Easement of drawing water or for watering animals6. Easement of aqueduct7. Easement for the construction of a stop lock or sluice

gate

Legal Easement of Natural Drainage of Lands (Art. 637)

Servient Estate

Lower estates 1. Obliged to receive the waters, stones or earth which naturally and without the intervention of man, descend from the higher estates

2. Cannot construct works which will impede this easement

Dominant Estate

Higher estates

1. Cannot make works which will increase the burden

***No need to indemnify the servient estateEasement on Riparian Banks (Art. 638)

Servient Estate

Banks of rivers and streams

1. Easement of public use in the general interest of navigation, floatage, fishing

throughout their entire length and within a zone of three meters along their margins

and salvage

Estates adjoining the banks of navigable or floatable rivers

1. Easement of tow path for the exclusive service of river navigation and floatage

Dominant Estate

Public/Those who may benefit

***Indemnity is necessary if for such purpose if it be necessary to occupy lands of private ownership

Easement of Abutment of a Dam (Art. 639)

Servient Estate

1.The bank2.The lands

which must support the dam

1. Allow and respect the easement

Dominant Estate

The property who will be benefited

1. Construct the dam at the servient estate owner’s expense

2. Pay the proper indemnity

Purpose 1. Diversion or taking of water from a river or brook

2. Use of any other continuous or discontinuous stream

***Indemnity is necessary

Easement for Drawing Water and for Watering Animals (Art. 641)

Servient Estate

Land where water source is located

1. Allow people to draw water2. Allow people to water

animals3.Allow passage to persons

and animals to the place where such easements are to be used

Dominant Estate

Town or village

1. Payment of proper indemnity

Applicability: Public use in favor of a town or village (Art. 640)

***Indemnity is necessary and must include the accessory

Easement of Aqueduct (Art. 642)

Servient Estate

1. Intervening Estates

Allow water to flow through the property

BUT: 1. Can

close or fence the estate

2. Can build over the aqueduct

PROVIDED:1. Aqueduct is

not damaged

2. Necessary repairs and cleanings are not rendered impossible (Art. 645)

1. Lower Estates

Receive descending water

Dominant Estate

Estate benefited by the water

1. Indemnify owners of intervening and lower estates

***Indemnity is necessary

Requisites for the Legal Easement of Aqueduct (Art. 643)

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1. To prove that he can dispose of the water;2. To prove that the water is sufficient for the use

for which it is intended;3. To show that the proposed right of way is the

most convenient and the least onerous to third persons;

4. To indemnify the owner of the servient estate in the manner determined by the laws and regulations

Properties where Easement of Aqueduct cannot be imposed (Art. 644)

1. Buildings2. Courtyards3. Annexes4. Outhouses5. Orchards6. Gardens

IMP: Easement of Aqueduct shall be considered as continuous and apparent (Art. 646)

Easement to construct Stop Lock or Sluice Gate (Art. 647)

Servient Estate

Banks 1. May be demanded to permit the construction of a Stop Lock or a Sluice Gate

Dominant Estate

Estates irrigated or improved

1. Construct the Stop Lock or Sluice Gate at his expense

2. Pay damages to the Servient owner

Purpose: For irrigation and improvement***Damages must be paid

IMP: Civil Code provisions on Easements of Waters Prevail over Special Laws concerning the establishment, extent, form and conditions of the servitudes (Art. 648)

Section 3: Easement of Right of Way

What is an Easement of Right Way? (Art. 649)

Servient Estate

Neighboring estates

1. Allow and respect the easement

Dominant Estate

An estate surrounded by other immovables owned by another

2. Demand a right of way through the servient estate

3. Pay proper indemnity

PERMANENT PASSAGE

TEMPORARY PASSAGE

Pay the value of the land occupied and the amount of the damage caused

Pay the damages caused by the encumbrance

Who can demand for the easement?

The owner or anyone who has a real right therein

Requisites for the Easement

1. The property is surrounded by estates of others;2. There is no adequate outlet to a public highway;3. There must be a payment of the proper

indemnity;4. It must be established at the point least

prejudicial to the servient estate; (Art. 650)5. The isolation must not be due to the proprietor’s

own acts6. Demandable only by the owner or one with a real

right

Width of the Path

Shall be that which is sufficient for the needs of the dominant estate but may be changed from time to time.

When Indemnity is not Necessary (Art. 652)

Servient Estate

Estates surrounding the dominant estate

1. Obliged to grant a right of way

Dominant Estate

Estate acquired by sale, exchange or partition which is surrounded by other estates owned by the vendor, exchanger or co-owner

2. Entitled for a right of way

***No indemnity is requiredException: In cases of simple donation, the donor shall be indemnified by the donee

BUT: (Art. 653)

Servient Estate

Estate acquired by sale, exchange or partition which is surrounded by other estates owned by the vendor, exchanger or co-owner

3. May be demanded to grant a right of way

Dominant Estate

Estates surrounded by the servient estate

4. May demand a right of way

***Indemnity is requiredException: In cases of simple donation, the donor shall NOT be liable to indemnify the donee

Ownership, Repairs, Taxes (Art. 654)

Ownership Belongs to the SERVIENT estateRepairs Shall be paid by the DOMINANT estateTaxes Shall be paid by the SERVIENT estate but the

DOMINANT estate shall have a proportionate share to the same

Applicable only to permanent easement of right of way

Extinguishment of the Easement of Right of Way (Art. 655)

1.

Opening of a new road

2.

The dominant estate joined another estate which abuts on a public road

The owner of the servient estate:1. May demand the extinguishment of the

easement2. Must return the indemnity received with

no interest (the interest must considered as rent)

PROVIDED: the public highway must substantially meet the needs of the dominant estate

Temporary Easement of Right of Way (Art. 656)

Servient Estate

Estate through which the materials will be carried, or scaffolding or other objects shall be raised

1. Obliged to permit the act

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Dominant Estate

Estate where a building is being constructed, repaired, improved, altered or beautified

2. Pay the proper indemnity for the damage caused

Easement of Right of Way for the Passage of Livestock (Art. 657)

Applicability Right of way for the passage of livestock known as animal path, animal trail or any other, and those for watering places resting places resting places and animal folds

Governing Law 1. Ordinances and regulations relating thereto

2. Usages and customs of the placeEasements to a watering place for animals shall be governed by the Civil Code Section on Easement of Right of way and Articles 640 and 641

Width Animal Path

Animal Trail Watering place for animals

Shall not exceed 75

meters

Shall not exceed 37 meters and

50 centimeter

s

10 meters

Section 4: Easement of Party Wall

What Laws Govern Easements of Party of Wall (Art. 658)

1. Provisions of this Title2. Local ordinances and customs3. Rules of co-ownership

Presumption of the Existence of a Party Wall (Art. 659)

When will the presumption arise?

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.

How to rebut the presumption?

1. Title to the contrary2. Exterior signs3. Proof to the contrary

What are Exterior Signs (Art. 660)

1. Whenever in the dividing wall of buildings there is a window or opening;

2. Whenever the dividing 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. Whenever the entire wall is built within the boundaries of one of the estates;

4. Whenever 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. Whenever 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. Whenever the dividing wall, being built of masonry, has stepping stones, which at certain intervals project from the surface on one side only but not on the other;

7. Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed.

***Ownership belongs to the owner of the property which has in its favor the presumption based on any one of these signs.

Party Ditches or Drains (Art. 661)

General Rule Ditches or drains opened between two estates are common to both

Exception 1. There is a title to the contrary

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2. There is a sign showing the contraryi.e.

The earth or dirt removed to open the ditch or to clean it is only on one side thereof

Cost of Repairs, Construction and Maintenance (Art. 662)

General Rule Shall be borne by all the owners of the lands or tenements having the party wall in their favor, in proportion to the rights of each

Exception Any owner may exempt himself from contributing to this charge by renouncing his part-ownership

Exception to the Exception

When the party wall supports a building belonging to him

Demolition of a Building Supported by the Party Wall (Art. 663)

General Rule An owner of a building supported by a party may demolish the building

Provided 1. He renounces his part-ownership of the wall2. He pays the cost of all repairs and work necessary to prevent any damage which the demolition may cause to the party wall, on this occasion only

Increasing the Height of a Party Wall (Art. 664)

General Rule Every owner may increase the height of the party wall

Provided 1. He must do so at his own expense2. He must pay for any damage which may be caused by the work, even though the damage be temporary3. He must pay for the expenses of maintaining the wall in the part newly raised or deepened at its foundation4. He must pay for the indemnity for the increased expenses which may be necessary for the preservation of the party wall by reason of greater height or depth which has been given it

Provided further

If the party wall cannot bear the increased height, the owner desiring to raise shall be obliged:

1. To reconstruct it at his own expense2. To give the space required from his own land, should it be necessary to make the wall thicker

Consequence He will be the exclusive owner of the additions

Exception The other owners may acquire the right of part-ownership of the additions by paying proportionally or the value of the work at the time of the acquisition and of the land used for its increased thickness (Art. 665)

Use by the Co-owners of the Wall (Art. 666)

General Rule Every part-owner of a party wall may use it in proportion to the right he may have in the co-ownership

Provided He does so without interfering with the common and respective uses by the other co-owners

Section 5: Easement of Light and View

Prohibition to Make an Opening thru a Party Wall (Art. 667)

General Rule No part owner may open through the party wall any window or aperture of any kind

Exception Other co-owners gives their consent

Positive and Negative Easement of Light and View (Art. 668)

The period of prescription for the acquisition of an easement of light and view shall be counted:

Positive From the time of the opening of the window, if it is through a party wall

Negative From the time of the formal (notarial) prohibition upon the proprietor of the adjoining land or tenement, if the window is through a wall on the dominant estate

Rule on Regular/Full Windows (Art. 670)

General Rule No windows, apertures, balconies, or other similar projections which afford a direct or side views upon or towards an adjoining land or tenement can be made

Exceptions Direct view

If a distance of two meters between the wall in which they are made and the contiguous property is made

Measured from the outer line of the wall when the openings do not project and from the outer line of latter when they do (Art. 671)

Side or oblique view

If there be a distance of sixty centimeters

Measured from the dividing line between the two properties (Art. 671)

***The non observance of these distances does not give rise to prescription***Not applicable to buildings separated by a public way or alley which is not less than three meters wide (Art. 672)

Restricted Windows (Art. 699)

General Rule When the distances in Article 670 are not observed, the owner to a wall which is not a party wall, adjoining a tenement or piece of land belonging to another, can make in it openings to admit light

Restrictions 1. It must be at the height of the ceiling joists or immediately under the ceiling2. The maximum size of the opening must be thirty centimeters square3. It must have an iron grating imbedded in the wall and with a wire screen

What can the owner of the adjacent property do?

1. He can close the opening should he acquire part-ownership thereof

Exception

If there is a stipulation to the contrary

2. He can obstruct the light by:1. Constructing a building on his land2. Raising a wall thereon contiguous to the opening

Exception

Unless an easement of light has been acquired

When a Right has been Acquired to have Direct Views (Art.673)

Whenever by any title a right has been acquired to have direct views, balconies or belvederes overlooking an adjoining propertyGeneral Rule The owner of the servient estate cannot

build thereon at less than a distance of three meters

How measured?

In the manner provided in Article 671

***Any stipulation permitting distances less than those prescribed in Article 670 is void

Section 6: Drainage of Buildings

Restrictions to an Easement of Drainage of Buildings (Art. 674)

Obligations of the owner of the building

1. Construct its roof or covering in such a manner that the rain wster shall fall on his own land or on a street or public place, and not on the land of his neighbor

***applies even if the adjacent land may be partly owned by the owner of the building

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2. If the water should fall on his own land, the owner shall be obliged to collect the water in such a way as not to cause damage to the adjacent land or tenement

Rights of the Tenement or Land Subject to the Easement of Receiving Water Falling from the Roof (Art. 675)

The owner of the land or tenement subject to the easement of receiving the water falling from roofs, may:1.

Builld in such a manner as to receive the water upon his own roof or give it another outletPROVIDED

1. He does so in accordance with local ordinance or customs 2. He does so in such a way as not to cause any nuisance or damage whatever to the dominant estate

When an Easement of Drainage can be Demanded (Art. 676)

When can an Easement of Drainage be demanded?

Whenever a yard or court of a house is surrounded by other houses, and it is not possible to give an outlet through the house itself to the rain water collected thereon

Conditions 1. The outlet must be at the point of easiest egress2. The establishment of the drainage must cause the least damage to the servient estate3. Proper indemnity must be paid

Section 7: Intermediate Distances and Works for

Certain Constructions and Plantings

Constructions and Plantings Near Fortified Places (Art. 677)

General Rule Constructions can be built or plantings can be made near fortified places or fortresses

Provided There must be compliance with the conditions required in special laws, ordinances, and regulations relating thereto

Construction of Aqueduct, Well, Sewers, etc. (Art. 678)

General Rule Any person can build any aqueduct, well, sewer, furnace, forge, chimney, stable, depositary or corrosive substances, machinery, or factory which by reason of its nature or products is dangerous or noxious

Provided 1. Distances prescribed by the regulations and customs of the place must be observed 2. Necessary protective works must be made, subject to the conditions prescribed by such regulations 3. In the absence of such regulations, precautions shall be taken as may be considered necessary

***These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors

Rules on Planting Trees (Art. 679)

General Rule Trees can be planted on one’s land Provided 1. Trees are planted at a distance

authorized by the ordinances or customs of the place 2. In the absence ordinances and customs:

a. At a distance of at least two meters from the dividing line of the estates if tall trees are planted b. At a distance of at least fifty centimeters if shrubs or small trees are

planted If trees are planted at a shorter distance

The owner of the adjacent property can demand that the tree be uprooted

***provisions of this article also apply to trees which have grown spontaneously

Rules on Intrusions or Extensions of Branches and Roots (Art. 680)

If the branches of any tree should extend over a neighboring estate

The owner of the estate have the right to demand that they be cut off insofar as they may spread over his property

If the roots of a neighboring tree which should penetrate into the land of another

The owner of the land may cut them off himself

Rules as to Fruits (Art. 681)

Those naturally falling upon adjacent land belong to the owner of said land

Section 8: Easement Against Nuisance

Easement against Nuisance (Art. 682)

Prohibition Committing nuisance through noise, jarring, offensive odor, smoke, heat, dust, water, glare and other causes

Subject of the Prohibitions

Every building or piece of land

Maintenance of Factories and Shops (Art. 683)

General Rule Factories and shops may be maintained Provided 1. The least possible annoyance is caused

to the neighborhood 2. Done subject to zoning, health, police and other laws and regulations

Section 9: Lateral and Subjacent Support

Main Prohibition No proprietor shall make excavations upon his land as to deprive any adjacent land or building of sufficient lateral or subjacent support (Art. 684)

Void Stipulation Any stipulation or testamentary provision allowing excavations that cause danger to an adjacent land or building (Art. 685)

Applicability Applies to buildings standing at the time the excavations are made but also for constructions that may be erected (Art. 685)

Duty of the Person Planning to make an Excavation

Notify all owners of adjacent lands (Art. 687)

Chapter 3: Voluntary Easements

Voluntary Easements (Art. 688)

General Rule Every owner of a tenement or piece of land may establish thereon the easements which he may deem suitable, and in the manner and form which he may deem best

Provided He does not contravene the laws, public policy or public order

Right of a Naked Owner if another has Usufructuary Rights over the same (Art. 689)

General Rule The naked owner may impose upon the estate any servitudes without the consent of the usufructuary

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Provided The servitude will not injure the right of usufruct

Right of a Naked Owner if another has Beneficial Ownership (Art. 690)

General Rule No perpetual voluntary easement may be established thereon

Exception Both owners consents to the same

Easement on a Co-owned Property (Art. 691)

In order to impose an easement on an undivided property: 1. Consent of all the co-owners shall be required 2. Consent given by some must be held in abeyance until the last one expresses his conformity 3. Once consent is given, it is binding to the grantor and his successors

What Law Determines the Rights if the Dominant Estate and the Obligations of the Servient Estate (Art. 692)

If acquired by title 1. Title 2. Civil Code

If acquired by possession

1. The form and manner in which it had been acquired (see: Art. 626) 2. Civil Code

Rule on Renunciation (Art. 693)

Applicability If the owner of the servient estate bound himself to bear the cost of the work required for the use and preservation thereof

How to free himself?

Renounce his property to the owner of the dominant estate

TITLE VIII. NUISANCE

Nuisance Defined (Art. 694)

Any act, omission, establishment, business, condition of property, or anything else which:

1. Injures or endangers the health or safety of others; or2. Annoys or offends the senses; or3. Shocks, defies or disregards decency or morality; or4. Obstructs or interferes with the free passage of any public highway or street, or any body of water; or5. Hinder or impairs the use of property

Classification of Nuisances (Art. 695)

Public Affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal

Private

That which is NOT public

Who is Liable for the Abatement of the Nuisance (Art. 696)

1. The one who created the nuisance2. Every successive owner or possessors

PROVIDED he knowingly fails or refuses to abate a nuisance in that property

Abatement and Damages (Art. 697)

The abatement of the nuisances does not preclude any persons injured to recover damages for its past existence.

Effect of Lapse of Time (Art. 698)

Lapse of time cannot legalize any nuisance whether public or private.

Remedies against a Public Nuisance (Art. 699)

1. A prosecution under the Penal Code or any Local Ordinance; or2. A civil action; or

3. Abatement, without judicial proceedings

Duty of the District Health Officer

1. He shall take care that one or all of the remedies against a public nuisance are availed of (Art. 700)2. He shall determine whether or not abatement, without judicial proceedings, is the best remedy (Art. 702)

Who shall Commence the Action

General Rule

The City or Municipal Mayor (Art. 701)

Exception A private individual if the nuisance is specifically injurious to himself (Art. 703)HOW? 1. By removing the thing

2. By destroying the thingPROVIDED

1. There will be no breach of peace2. Unnecessary injury will not be done

PRE-REQUISITES

1. That demand be first made upon the owner or the possessor of the property to abate the nuisance2. That such demand has been rejected3. That the abatement be approved by the District Health Officer and executed with the assistance of the local police4. That the value of the destruction does not exceed three thousand pesos (Art. 704)

Remedies against Private Nuisances (Art. 705)

1. A civil action; or2. Abatement, without judicial proceedings

Extrajudicial Abatement of a Private Nuisance (Art. 706)

1. By removing2. By destroying

PROVIDED

1. There will be no breach of peace2. Unnecessary injury will not be done3. The procedure for extrajudicial abatement of a public nuisance by a private person be followed

Liability for Damages in Extrajudicial Abatement (Art. 707)

Applicability

1. A private person2. A public official

When? 1. If he causes unnecessary injury; or2. If an alleged nuisance is later declared by the courts to be not a real nuisance

BOOK III – DIFFERENT MODES OF ACQUIRING OWNERSHIP

TITLE III. DONATION

Chapter 1: Nature of Donations

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