Easement

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What is easement or servitude?

An easement is a real right constituted on another’s property which must be corporeal and immovable and the owner of such will be abstained from doing or allowing another person to do something on his property for another thing or person’s benefit. The right may be to use the land’s surface or the air space above it. It is also called a non-possessory interest in real property because they give the easement holder the right to use the property but not to possess it.

The law define easement as:


Art. 613. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. x xx

Who are the parties in an easement? 

The law laid down the two parties in an easement:


Art. 613.Xxx The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate. (530)

 

*The dominant estate is which an immovable or real property in favor of which the easement is established; and

The servient estate is which the estate subject to the easement.

What are the modes of acquiring easements?


Art. 615. Easements may be continuous or discontinuous, apparent or non-apparent. Continuous easements are those the use of which is or may be incessant, without the intervention of any act of man.

 

*Continuous and apparent easement are required either by virtue of a title or by prescription after ten (10) years


Discontinuous easements are those which are used at intervals and depend upon the acts of man.
Apparent easements are 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 easements are those which show no external indication of their existence. (532) 

 *Continuous non-apparent easement and discontinuous easements whether apparent or non-apparent can only be acquired by virtue of a title.

  1. Appurtenant easement- allows the owner of a parcel of land to use the land next to it.
  2. Easement by necessity- owners of land have the right to enter and leave their property, to prevent them from land locking and make their property useless.
  3. Easement by prescription- the claimant uses another’s land for a period of time as defined by state of law and usually requires that the use is uninterrupted, continuous, adverse without the owner’s consent, visible, open and notorious.

References:

De Leon, H., & De Leon, J. H. (2011). Comments and Cases on Property. Quezon City: Rex Printing Company, Inc.

Jurado, D. (1999). Civil Law Reviewer. Quezon City: Rex Printing Company, Inc.

The New Civil Code of the Philippines

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