Professional Documents
Culture Documents
Nature
It is a limitation of ownership and a restriction
on the enjoyment of ones own property.
(Valverde)
Characteristics of Easements
It is a Real Right.
Imposed upon the property of another.
It is a limitation on ownership.
It is inseparable from the tenements to which
it is attached.
It cannot be sold independently of the tenement
to which it is attached.
Parties Involved
Dominant Estate
The immovable in whose favor the easement is
established.
Servient Estate
The immovable subject of the easement.
Easement - Lease
Easement
An encumbrance which consists in a right
to the limited use of a piece of land
without possession thereof.
The rightful use without either the
ownership or possession of the land.
Lease
A lease is the rightful possession and use
of the land without the benefit of
ownership.
Easement: Beneficiaries
A particular tenement or immovable. (Art.
613)
The owner of the dominant estate enjoys the
right to pass thru the property of the servient
estate. (Real Servitude)
Discontinuous
Those which are used at intervals and depend upon acts of man.
Apparent
Those which are made known and are continually kept in view
by external signs that reveal the use and enjoyment of the
same.
Non-Apparent
those which shown no external indication of their existence.
Distinctions
Continuous Easement vs. Discontinuous
Refers only to the exercise of the servitude but not to
the essence, because the servitude exists
continuously, whether it is used on or not.
The right of acqueduct is a continous easement. (Art.
646) The easement remains whether water is being
conducted or not. Does not depend upon acts of man.
Easement of right of way thru a foot path is
discontinuous. The exercise of the servitude depends
upon the act of man passing over anothers property.
Depends upon the acts of man.
Distinctions
Apparent versus Non-Apparent Easements
Apparent there is a sign or indication of its
existence.
Right of way is apparent if there is foot path or
road.
Negative Easement
Prohibits the owner of the servient estate from doing
something which he could lawfully do if the easement
did not exist.
Easement of light and view when the window is on
ones own wall.
Inseparability of Easements
Art. 617. Easements are inseparable from the
estate to which they actively or passively belong.
General Rule: the registration of the servient
estate without the registration of the voluntary
easement extinguishes the easement.
Exceptions: (a) the grantee or transferee of the
servient estate actually knew of the existence of
the unrecorded easement; or (b) there is an
understanding or stipulation that the easement
would continue to exist.
Indivisibility of Easements
Art. 618
Relates only to the portion tenement affected by
the servitude.
If servient estate is subdivided, the easement
continues upon the portion burdened.
If the dominant estate is divided into parts, there
as many new dominant tenements as are parts.
How Established
By Law
Legal Easement
Manner of Use
The owner of the dominant estate
cannot use easement except for the immovable
originally contemplated.
he cannot exercise the easement in any manner
other than that previously established.
So as not to make the easement more burdensome.
Extinguishment of Easements
Merger of ownership of dominant and servient estate
in one person.
Non-user for ten years
Discontinuous Easement from the day on which they
ceased to be used.
Continuous Easement from the day an act contrary to the
same took place.
Legal Easements
Art. 636 - Covers easement created by law in
the interest of private persons or for private
use.
Subject to modification by agreement
provided not contrary to law and no injury is
caused to third persons.
Legal Easements
Easements Relating to Waters (Art. 637)
Easement of Right of Way (Art. 649)
Access to Highway
There is absolutely no access to a public
highway.
Even if there is one, if it is difficult or
dangerous to use or grossly insufficient.
Isolation Ceases
Art. 655
If the isolation ceases
A new road is opened
Owner of servient estate may demand
extinguishment of easement BUT must return
what has received as payment and interest to be
considered as payment for use of easement
The owner of the servient estate must ask for the
extinguishment
Period of Prescription
Through a party wall
compute period from time opening is made