Easements relating

to waters
Article 637 to 648 of the Civil Code of the
Philippines

Different Easements relating to

waters
1. Natural drainage (Art. 637)
2. Drainage of Buildings (Art. 674)
3. Easement on Riparian banks

fornavigation, floatage, fishing, salvage,

and tow path (Art. 638)
4. Easement of a Dam (Arts. 639, 647)
5. Easement for drawing Water or for
watering animals (Arts. 640641)
6. Easement of Aqueduct (Arts. 642 636)

NATURAL DRAINAGE
Art 637 . Lower estates are obliged to

receive the waters which naturally and

without the intervention of man descend
from the higher estates, as well as the
stones or earth which they carry with
them.
The owner of the lower estate cannot
construct works which will impede this
easement; neither can the owner of the
higher estate make works which will
increase the burden.

Limitation on Natural
Drainage
a. Dominant owner must not increase the

burden but he may erect works to avoid

erosion.

b. The servient owner must not impede the

descent of water (but may regulate it).

Easement on Riparian banks fornavigation,

floatage, fishing, salvage, and tow path
Banks of rivers and streams, whether they
are of public or private ownership, are
subject to easement of public use for:
navigation,
floatage,
fishing, and
salvage, and
with respect to estates adjourning banks of

navigable rivers, also to easement of towpath

land of public ownership: no indemnity;

land of private ownership: proper indemnity shall

first be paid before it may be occupied

Riparian owners cannot be required to subject their

property to the easement for the benefit of the public

without prior indemnity.

The width of the zone subject to the easement is

three meters throughout the entire length of the

bank along its margin.
The easement established by Article 638 does not
apply to canals (esteros). (Ayala de Roxas v. City of
Manila)

Easement of a Dam
Art. 639. Whenever for the diversion or

taking of water from a river or brook, or

for the use of any other continuous or
discontinuous stream, it should be
necessary to build a dam, and the person
who is to construct it is not the owner of
the banks, or lands which must support
it, he may establish the easement of
abutment of a dam, after payment of the
proper indemnity.

Requisites
He must seek the permission of the owner, and in case of

the latters refusal he must secure authority from the

proper administrative agency which will conduct the
necessary investigation in which all interested parties are
given opportunity to be heard.
In establishing the easement, the proper indemnity must
be paid.
Dam whose construction is unauthorized:
considered a private nuisance
may be lawfully destroyed or removed by the injured
landowner or by any person acting under his directions.
It

is incumbent upon the builder who seeks to restrain affected

landowners from interfering with his use of the dam to prove that
he has legal right or authority to build the same.

EASEMENT FOR DRAWING WATER

OR FOR WATERING ANIMALS
This is a personal easement which includes the

accessory easement of passage or right of way of

persons and animals to the place where the
easement is to be used.
Requisites for easement for watering cattle :
1.

It must be imposed for reasons of

public use

2.

It must be in favor of a town or

village indemnity must be paid

Requisites for drawing water or for watering of

animals:
1. Owner of the dominant estate has the capacity to
dispose of the water;
2. The water is sufficient for the use intended
3. Proposed right of way is the most convenient and the
least onerous to third persons.
4. Pay indemnity to the owner of the servient estate
(Art. 643)

EASEMENT OF
AQUEDUCT
For legal purposes, it is considered continuous

and apparent even though the flow of water

may not be continuous or its use depends
upon the needs of the dominant estate or
upon a schedule of alternate days or hours.
(Art. 646, NCC)