Group 1 – Co, Conde, Danao, Salcedo, and Yabut

EASEMENTS OR SERVITUDES
personal

CHAPTER 1. — Easements in general The right enjoyed The burden

by one imposed upon
SECTION 1. — Different Kinds of another
Easements
The two terms, however, are used
synonymously in the Civil Code although it
Art. 613. An easement or servitude is
an encumbrance imposed upon an is more partial to easement because it is
immovable for the benefit of another better known and well implanted in the
immovable belonging to a different legal field in the Philippines aside from the
owner. fact that the Civil Code is drafted in the
English language and easement is the
The immovable in favor of which the
approved term in that language.
easement is established is called the
dominant estate; that which is subject
thereto, the servient estate. (530) Characteristics of easement

1. It is a real right but will affect third

Easement or servitude defined
persons only when duly registered;
2. It is enjoyed over another
A real right constituted on another’s
immovable, never on one’s own
property, corporeal and immovable, by
property;
virtue of which the owner of the same has
3. It involves two neighboring estates
to abstain from doing or to allow somebody
(in the case of real easement), the
else to do something on his property for the
dominant to which a right belongs
benefit of another thing or person.
and the servient upon which an
obligation rests;
The definition given in Article 613 is only
4. It is inseparable from the estate to
limited to real easement. In view of Article
which it is attached and, therefore,
614 which refers to personal easement,
cannot be alienated independently
easement or servitude may be defined as
of the estate (Art. 617.);
an encumbrance imposed upon an
5. It is indivisible for it is not affected
immovable for the benefit of another
by the division of the estate
immovable belonging to a different owner
between two or more persons (Art.
or for the benefit of a community or one or
618.);
more persons to whom the encumbered
6. It is a right limited by the needs of
estate does not belong by virtue of which
the dominant owner or estate,
the owner is obliged to abstain from doing
without possession;
or to permit a certain thing to be done on
7. It cannot consist in the doing of an
his estate.
act unless the act is accessory in
relation to a real easement; and
Easement and servitude distinguished
8. It is a limitation on the servient
owner’s rights of ownership for the
Easement Servitude benefit of the dominant owner; and,
therefore, it is not presumed.
English law term Roman law term

It is always real It may be real or Easement gives the holder an incorporeal

right on the land, but grants no title thereto.

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Therefore, an acknowledgment of the It is also not necessary that the right

easement is an admission that the property acquired be exercised. The important thing
belongs to another. is that it exists and can be exercised.

Parties to an easement On the other hand, the benefit (or burden)

should not be so great as to be inconsistent
1. Dominant estate – refers to the with the general right of ownership of a
immovable for which the easement person, amounting to a taking of his
was established; and property. Since easement is a mere
2. Servient estate – the estate which encumbrance, it should not impair entirely
provides the service or benefit. the usefulness of the servient estate.

Easement established only on Illustration: In the case of Relova v.

immovable Lavarez, et al, G.R. No. L-3623
November 6, 1907, Relova, the plaintiff,
Easements cannot be imposed on was the owner of a tract of rice land which
personal property, but only on immovable. is cultivated with the aid of water brought
However, the term “immovable” must be from a river through an aqueduct which
understood in its common and not in its passes over the land of Lavarez, et al, the
legal sense. defendants. The dam with a small gate or
aperture in its face which was used to
Immovables under easement are only control the flow of the water in the aqueduct
those which are so by their nature (those also stands in the land of the defendants.
which are incapable of being moved) such However, one of the defendants
as lands, roads, buildings, and completely destroyed the dam and let all
constructions adhering to the soil, and not the water escape by the drainage ditch so
those which are defined by the Civil Code. much so that none flowed on the land of the
plaintiff. The defendants contend that the
Nature of benefit to dominant estate evidence on record does not establish the
existence of the servitude in the lands of
Easement can exist only when the servient the defendants in favor of the lands of the
and dominant estates belong to different plaintiff for the maintenance of the
owners. aqueduct and dam in question. The SC
ruled that there was a valid easement in
There can be no easement without a light of the fact that the aqueduct and the
burden on an estate for the benefit of dam had been in existence for more than
another immovable belonging to a different 30 years, during which time the plaintiff had
owner or of a person or group of persons. exercised its use. Moreover, even if
defendants had the right to open the gates
The dominant estate cannot be the servient of the dam to prevent destructive overflow
estate at the same time. upon their land, this does not give them the
right to stop the flow of water altogether.
On benefit, Manresa tells us that it is not
essential that it be great. It is sufficient that Note: The period of prescription is now ten
there is a determinate use or utility in favor years (Art. 620).
of a dominant estate over an estate
belonging to another.

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Easement distinguished from lease

right over an possession in an
immovable immovable or
Easement Lease movable

A real right, A real right only Not extinguished As a rule,

whether registered when it is by the death of the extinguished by
or not, and registered, or dominant owner the death of the
whether it is real or when its subject usufructuary.
personal matter is real
Real rights, whether registered or not,
property, and the
duration exceeds and are transmissible.
one year

Imposed only on May involve either Art. 614. Servitudes may also be
real property real or personal established for the benefit of a
property community, or of one or more persons
to whom the encumbered estate does
There is a limited There is a limited not belong. (531)
right to the use of right to both the
real property of possession and
another but without use of another’s Classifications of easement
the right of property
possession 1. As to recipient of benefit
a. Real – When the easement
Illustration on the last distinction: X is in favor of another
wants to acquire a road across Y’s immovable (Art. 213); or
property. b. Personal – When it is in
● It is a lease if X agrees with Y for favor of a community or of
the exclusive possession of a one of more persons (Art.
defined strip land. 614). Thus, it may be public
● It is an easement if X agrees with Y or private.
for the use of such a strip for the
sole purpose of passage, without 2. As to its source
any exclusive possession or a. Voluntary – When the
occupation of it. easement is established by
the will or agreement of the
Easement distinguished from usufruct parties or by a testator (Art.
619);
b. Legal – When it is imposed
Easement Usufruct by law either for public use
Imposed only on May involve either or in the interest of private
real property real or personal persons (Arts. 637-687); or
property c. Mixed – When it is created
partly by will or agreement
Limited to a Includes all the and partly by law.
particular or uses (jus utendi)
specific use (e.g., and the fruits (jus
right of way) of the fruendi) of the 3. As to its exercise (Art. 615)
servient estate property a. Continuous; or
b. Discontinuous
A non- possessory Involves a right of

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4. As to whether or not its existence Public and private easements

is indicated (Art. 615)
a. Apparent; or Personal easements may be:
b. Non-apparent 1. Public – If it is vested in the public
at large or in some class of
5. As to duty of servient owner (Art. indeterminate individuals; for
616) example, the right of the public to a
a. Positive; or highway over a land of private
b. Negative ownership, or to navigate a river of
which the bed belongs to some
Real and personal servitudes private person; or
2. Private – If it is vested in a
1. Real or prejudicial servitude – determinate individual or certain
servitude established for the benefit persons; for example, a right of
of a particular estate and way, of light, or of support, vested
consequently, for its owner, without in the owner of one parcel of land
being the owner of a dominant over an adjoining parcel of land.
estate.
2. Personal servitude – servitude Illustration: In the case of North Negros
established for the benefit of a Sugar Co. v. Hidalgo, G.R. No. L-42334,
person or group of persons without October 31, 1936, North Negros Sugar Co.
being the owner/s of a dominant (NNSC) was the owner of a site known as
estate. the mill site. Across it, NNSC constructed a
road connecting the said mill site with the
Unlike a real easement, personal provincial highway. NNSC allowed vehicles
easement does not require two to pass such road upon payment of a toll
immovables. An example of personal charge, while allowed pedestrians free
servitude is a right of way granted to certain passage. Immediately adjoining the mill
persons and their “family, friends, drivers, site is the hacienda of Luciano Aguirre
servants, and jeeps.’’ The servitude is for known as the Hacienda Sangay where
the benefit alone of the persons Serafin hidalgo has a billiard hall and tuba
enumerated and not a predial servitude saloon. Like other people in and about the
that inures to the benefit of whoever owns place, Hidalgo used to pass through the
the dominant estate. Hence, the owner of said road until he was prevented by NNSC.
the servient estate may refuse to extend The SC ruled that NNSC’s road is an
the said easement to the successors-in- easement of way voluntarily constituted in
interest of the persons for whose benefit favor of a community. Having been devoted
the servitude exists by NNSC to the use of the public in general
upon paying the toll charge, the road in
Note: Personal servitudes under Art. 614 question is charged with a public interest,
should not be confused with personal and while so devoted, NNSC may not
servitudes under the Roman Law which establish discriminatory exceptions against
included usufruct, use and habitation. any private person.
Usufruct is not regarded as a servitude
under our law. Use and habitation in the old
Civil Code have been abolished. They may
be considered as personal servitudes.

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Art. 615. Easements may be Example/s: the Example/s: the

continuous or discontinuous, right to support a right of way which
apparent or non-apparent. beam on another’s is used at intervals
wall which really because it is
Continuous easements are those the
exists continuously physically
use of which is or may be incessant,
without the intervention of any act of and the right of impossible that
man. aqueduct which man shall
may be used only continually pass
Discontinuous easements are those on certain days over the way.
which are used at intervals and depending on the
depend upon the acts of man.
need for water but
Apparent easements are those which which is
are made known and are continually continuous since
kept in view by external signs that its use does not
reveal the use and enjoyment of the depend upon the
same. intervention of
man.
Non-apparent easements are those
which show no external indication of The benefit and burden exist from the
their existence. (532)
moment the easements are created.

Continuous and discontinuous

Apparent and non-apparent easements
easements

Apparent Non-apparent
Continuous Discontinuous

It is not necessary No external

The easement itself, whether continuous
that its sign be indication of
or discontinuous, exists continuously,
seen; it is sufficient existence
whether it is being used or not, but its
if it may be seen or
exercise may be continuous or
known on
discontinuous, or there may be no
inspection.
exercise at all.
Example/s: Example/s:
The exercise or The exercise or
A right of way is A right of way is
enjoyment can be enjoyment requires
apparent when non-apparent
had without the the intervention of
there is visible when there is no
intervention of man man
road or path to indication of its
show its exercise. existence
It is not necessary It is used at
that the use be intervals
Aqueduct is Aqueduct becomes
incessant; it is
usually apparent non-apparent if it is
sufficient that the
exercised through
use may be so
an underground
channel (but, by
express provision
of Art. 646,

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aqueduct is Art. 617. Easements are inseparable

considered from the estate to which they actively
apparent) or passively belong.

Inseparable from the estate to which they

Art. 616. Easements are also positive actively or passively belong.
or negative.

A positive easement is one which Consequences of Inseparability

imposes upon the owner of the
servient estate the obligation of 1. Easements cannot be sold or
allowing something to be done or of donated or mortgaged
doing it himself, and a negative independently of the real property
easement, that which prohibits the to which they may be attached.
owner of the servient estate from
2. Registration of the dominant estate
doing something which he could
lawfully do if the easement did not under the Torrens system without
exist. (533) the registration of the voluntary
easements in its favor, does not
extinguish the easements;
Positive and negative easements
3. Registration of the servient estate
without the registration of the
Positive Negative easements burdening it
extinguishes said voluntary
One which That which easements.
imposes upon the prohibits the owner
owner of the of the servient Note: A right of way may be either
servient estate the estate from doing a legal or a voluntary easement.
obligation of something which
allowing something he could lawfully 4. A servient estate may be the object
to be done or of do if the easement of usufruct but an easement cannot
doing it himself did not exist. be the object of usufruct because it
has no existence independent of
the immovable to which it attaches
It has been opined that whether positive or 5. If the dominant estate is alienated,
negative, the obligation imposed upon the such alienation carries with it also
servient owner is always a negative one the easements established in its
because an easement can never consist in favor even if they are not annotated
a personal prestation on the part of the as an encumbrance on the
owner of the servient estate. The obligation certificate of title.
imposed upon him is always negative.
Provision of the Land Registration Law
In positive easement, for example, the
obligation of the servient owner is not to Easement shall continue to subsist and
interfere in the use of his property by the shall be held to pass with the title of
holder of the easement. In negative ownership until rescinded or
easement, on the other hand, the extinguished by virtue of registration of
obligation of the servient owner is to refrain servient estate or in any manner.
from doing something on his property.

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Art. 618. Easements are indivisible. If Art. 619. Easements are established
the servient estate is divided between either by law or by the will of the
two or more persons, the easement is owners. The former are called legal
not modified, and each of them must and the latter voluntary easements.
bear it on the part which corresponds (536)
to him.

If it is the dominant estate that is Legal and voluntary easements

divided between two or more persons,
each of them may use the easement in This article distinguishes between legal
its entirety, without changing the and voluntary easement
place of its use, or making it more
burdensome in any other way. Judicial Declaration That an Easement
Exists

The provisions of Article 618 are a logical When the court says that an easement
consequence of the easement being exists, it is not creating one (hence, there
inseparable from the estate to which it are no judicial easements); it merely
actively or passively belongs declares the existence of an easement
created either by law or by the parties or
Indivisibility of Easement testator.

Partition or division of an estate does not Note: Voluntary easements must be

divide the easement, which continues to be recorded in the Registry of Property in
complete in that each of the dominant order not to prejudice third persons.
estates can exercise the whole easement
over each of the servient estates, but
ONLY on the PART corresponding to each SECTION 2. — Modes of Acquiring
of them.
Easements

Servient Estate is Dominant Estate Modes of Acquiring Easements

Divided is Divided
1. By Title
Easement is not Each of them may ● Continuous Non-Apparent
modified, and each use the easement Easements
of them must beat in its entirely, ● Discontinuous Apparent
it on the part of without changing Easements
which corresponds the place of its ● Discontinuous Non-
to him. use, or making it Apparent Easements
more burdensome 2. By Prescription
in any other way. ● Continuous and Apparent
Easements
3. By Deed of Recognition
4. By Final Judgement (Art. 623)
5. By apparent sign established by
the owner of two adjoining
estates (Art. 624)

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Computation of the Prescriptive Period

Art. 620. Continuous and apparent
easements are acquired either by 1. Positive Easement - The 10-year
virtue of a title or by prescription of period is counted from the day
ten years when the owner of the dominant
estate begins to exercise it.
Art. 621. In order to acquire by 2. Negative Easement - from the day
prescription the easements referred a notarial prohibition is made on the
to in the preceding article, the time of
servient estate.
possession shall be computed thus:
in positive easements, from the day
on which the owner of the dominant Art. 622. Continuous non-apparent
estate, or the person who may have easements, and discontinuous ones,
made use of the easement, whether apparent or not, may be
commenced to exercise it upon the acquired only by virtue of a title.
servient estate; and in negative
easements, from the day on which the Art. 623. The absence of a document
owner of the dominant estate forbade, or proof showing the origin of an
by an instrument acknowledged easement which cannot be acquired
before a notary public, the owner of by prescription may be cured by a
the servient estate, from executing an deed of recognition by the owner of
act which would be lawful without the the servient estate or by a final
easement. judgment.

Only continuous and apparent easements Continuous and Apparent Easements are
may be acquired either by virtue of title or the only easements which can be acquired
by prescription in ten years. The other by prescription due to two important
kinds of easements may be acquired by requisites:
any one of the modes enumerated, but not 1. The possession is public
by prescription. 2. The possession is continuous

Title means: Continuous Non-Apparent easements and

● A juridical act or law sufficient to Discontinuous easements may only be
create the encumbrance. acquired by title due to:
● Does not necessarily mean a 1. The possession or exercise of such
document. is not public (Non-Apparent)
● E.g., law, donation, testamentary - Easements of lateral and
succession, contracts subjacent support (Art. 684-
687)
Prescription 2. It is public, but it is not continuous
Prescription shall be for ten years as or uninterrupted (Discontinuous)
provided under Art. 620, regardless of the - Right of way when there is a
good faith or bad faith of the possessor, visible path.
and whether or not he has just title.
XPNS: Easement of aqueduct (Art. 646)
The general rules on prescription do not and Negative Easements (Art. 621)
apply, the only requirement being that
there be adverse possession of the Art. 623 applies to easements provided in
easement for a ten years. Art. 622. It presupposes that there is a

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“title” for the easement, but there is no Doctrine of Apparent Sign

document or proof showing its origin. ● Easements are inseparable from the
- Action in court is needed estate to which they actively or
concerning the easement if denied passively pertain.
by servient estate owner ● Apparent easements are those which
- The easement may be acquired by are made known and are continually
oral contract, or by virtue of some kept in view by external signs that
documents that has been lost. reveal the use and enjoyment of the
Hence, if the servient owner same. (i.e. Window, Road)
refuses or denies the existence of ● The existence of the apparent sign is
the easement, the court may equivalent to a title if no objection has
declare such existent. been made by the servient owner for
an implied contract that the easement
should be constituted is deemed to
Art. 624. The existence of an apparent
sign of easement between two exist between the new owners (Amor
estates, established or maintained by v. Florentino)
the owner of both, shall be
considered, should either of them be
alienated, as a title in order that the Art. 625. Upon the establishment of an
easement may continue actively and easement, all the rights necessary for
passively, unless, at the time the its use are considered granted
ownership of the two estates is
divided, the contrary should be Art. 626. The owner of the dominant
provided in the title of conveyance of estate cannot use the easement
either of them, or the sign aforesaid except for the benefit of the
should be removed before the immovable originally contemplated.
execution of the deed. The provision Neither can he exercise the easement
shall also apply in case of the division in any other manner than that
of a thing owned in common by two or previously established.
more persons.
Rights Granted by Easement
Art. 624 Contemplates a Situation All easements carry with them all the rights
When: necessary for their use and exercise. i.e.:
1. Where 2 estates between which 1. Easement of drawing water carries
there exist an apparent sign of an with it the obligation on the part of
easement, belong to the same the servient owner to give passage
owner who alienated either or both to the place where the water is to be
of them. taken (Art. 641)
2. In division of a common property by 2. The dominant owner may make, at
the co-owner; or his own expense, on the servient
3. There is only one estate and a part estate any works necessary for the
thereof is alienated use and preservation of the
servitude (Art. 627).
The apparent sign shall be considered as a
title in order for the easement to continue Immovable to be Benefited by Easement
actively or passively. The owner of the dominant estate cannot
use the easement except for the benefit of
the immovable originally contemplated.
Thus, if estate X owned by O has an

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easement over estate Y, O cannot use the

If the owner of the servient estate
easement also as owner of estate Z, should make use of the easement in
acquired after the creation of the easement any manner whatsoever, he shall also
or for the benefit of other estates belonging be obliged to contribute to the
to other people. expenses in the proportion stated,
saving an agreement to the contrary.
Manner of Exercise of Easement (544)
1. If the easement has been
constituted in general terms, only
Art. 629. The owner of the servient
the rights which are reasonably estate cannot impair, in any manner
necessary and convenient for the whatsoever, the use of the servitude.
use contemplated and would cause
the least burden to the servient Nevertheless, if by reason of the place
estate are granted. originally assigned, or of the manner
2. If the exercise is defined by the title established for the use of the
easement, the same should become
creating it, the exercise of the
very inconvenient to the owner of the
easement must be consistent with servient estate, or should prevent him
such purpose or manner. from making any important works,
repairs or improvements thereon, it
may be changed at his expense,
provided he offers another place or
SECTION 3. — Rights and Obligations
manner equally convenient and in
of the Owners of the Dominant and such a way that no injury is caused
Servient Estates thereby to the owner of the dominant
estate or to those who may have a
right to the use of the easement. (545)
Art. 627. The owner of the dominant
estate may make, at his own expense,
on the servient estate any works Q: Who are the parties to easements?
necessary for the use and A:
preservation of the servitude, but 1. Dominant Owner
without altering it or rendering it more
burdensome. 2. Servient Owner

For this purpose he shall notify the DOMINANT OWNER

owner of the servient estate, and shall
choose the most convenient time and The owner of the immovable in favor of
manner so as to cause the least which the easement is established.
inconvenience to the owner of the
servient estate. (543a)
Rights of the Dominant Owner

Art. 628. Should there be several 1. To exercise all the rights necessary
dominant estates, the owners of all of for the use of the easement (Art.
them shall be obliged to contribute to 625);
the expenses referred to in the 2. To make on the servient estate all
preceding article, in proportion to the works necessary for the use and
benefits which each may derive from
preservation of the servitude (Art.
the work. Any one who does not wish
to contribute may exempt himself by 627, par. 1), provided that:
renouncing the easement for the a. The works which shall be at
benefit of the others. his expense, are necessary

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for the use and preservation proportion to the benefits derived

of the servitude; from the works. (Art. 628, par. 1.)
b. They do not alter or render
the servitude more NOTE: He may only exercise rights
burdensome; necessary for the use of easement.
c. The dominant owner, before
making the works, must SERVIENT OWNER
notify the servient owner;
and The owner of the immovable whose
d. They shall be done at the property is subject to easement for the
most convenient time and benefit of the dominant owner.
manner so as to cause the
least inconvenience to the Rights of the Servient Owner
servient owner.
3. To renounce the easement if he 1. To make use of the easement (Art.
desires to exempt himself from 628, par. 2), unless there is an
contribution to necessary expenses agreement to the contrary;
(Art. 628, par. 1); and 2. To change the place or manner of
4. To ask for mandatory injunction to the use of the easement, provided
prevent impairment of his use of the it be equally convenient. (Art. 629,
easement. (Resolme v. Lazo, 1914) par. 2);
3. To retain the ownership of the
Obligations of the Dominant Owner portion of the estate on which the
easement is established (Art. 630)
1. He cannot exercise the easement
in any other manner than that Obligations of the Servient Owner
previously established; (Art. 626)
2. He cannot alter the easement or 1. He cannot impair the use of the
render it more burdensome (Art. easement (Art. 629, par. 1); and
627); 2. He must contribute to the
3. He may make any works or necessary expenses in case he
construct anything which is uses the easement, unless there is
necessary for the use and an agreement to the contrary. (Art.
preservation of the servitude. (Art. 628, par. 2)
627, par. 1)
4. He shall notify the servient owner of
works necessary for the use and SECTION 4. — Modes of
preservation of the servitude (Art. Extinguishment of Easements
627, par. 2);
5. He must choose the most
Art. 631. (1) By merger in the same
convenient time and manner in
person of the ownership of the
making the necessary works as to dominant and servient estates;
cause the least inconvenience to
the servient owner; and (2) By non-user for ten years; with
6. He must contribute to the respect to discontinuous easements,
necessary expenses if there are this period shall be computed from
several dominant estates in the day on which they ceased to be
used; and, with respect to continuous

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real rights less than full ownership,

easements, from the day on which an
act contrary to the same took place; not temporary.

(3) When either or both of the estates - Where the merger is

fall into such condition that the temporary, as when it is
easement cannot be used; but it shall subject to a resolutory
revive if the subsequent condition of condition, there is only a
the estates or either of them should
suspension but not an
again permit its use, unless when the
use becomes possible, sufficient time extinguishment of the
for prescription has elapsed, in servitude.
accordance with the provisions of the
preceding number; Example of with merger and without
merger:
(4) By the expiration of the term or the
fulfillment of the condition, if the
easement is temporary or conditional; 1. If the owner of the servient estate
buys the whole portion affected, the
(5) By the renunciation of the owner of merger is complete, and the
the dominant estate; easement is extinguished. BUT if
the portion bought is not the portion
(6) By the redemption agreed upon affected, the easement naturally
between the owners of the dominant
remains.
and servient estates.

2. If D, the dominant owner, buys that

Modes of extinguishment of easements particular portion of the servient
estate affected by the servitude, or
1. By Merger S, the servient owner, buys that
particular portion of the dominant
When this takes place, the servitude estate benefited by the servitude,
between two estates continues, but the there is a merger.
owner makes use thereof not in the
exercise of a servitude but by virtue of his 3. The easement is extinguished if D
right of dominion. buys the entire servient estate, or S
buys the entire dominant estate.
Two rules in this mode of
extinguishment: 4. If S becomes a co-owner of the
dominant estate, there is no merger
a. In order that merger may extinguish for he has acquired only a part
a servitude, it is not necessary that interest therein.
it be with respect to the full extent of
the tenement but only with respect 5. If D sells a retro the whole
to that part affected by the servitude immovable to S, the merger is not
or that part for the benefit of which extinguished but only suspended,
the servitude was established for it is merely temporary. The
servitude is revived when D
b. The merger must be absolute, redeems the property.
complete in one and the same
person and not by virtue of other 6. Suppose now that D sells
absolutely the property to S, then

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Group 1 – Co, Conde, Danao, Salcedo, and Yabut

buys it back, and later sells it to T. 2. NON-USER for Ten Years

Is the servitude revived? No,
because it was already Refers to easement that has once been
unconditionally extinguished by the used because one cannot discontinue
sale of the property to S. But if the using what one has never used.(Paras)
sale to S by D was annulled or
rescinded, there is no Easements that have been in use and later
extinguishment of the servitude by abandoned, for one cannot discontinue
merger using what one has never used. (De Leon)

7. The dominant estate was donated NOTE: The right to claim or exercise some
to the servient estate, but it was legal easements never prescribe, since
stipulated that if the servient owner they are founded on necessity, although
later married X, THE PROPERTY the manner or form of using the legal
REVERTS TO THE DOMINANT easement may indeed prescribe, such as
OWNER. Pending the resolutory using a particular path (right of way).
condition, them merger can be
considered temporary, and the Use by at least one co-owner of the
easement is merely suspended dominant estate of the easement prevent
When the servient owner marries X. prescription as to the other inasmuch as an
the easement is revived. If no easement is indivisible. Thus, if one co-
marriage takes place, the owner has continued the use, the others
easement really is extinguished. who may not have used for more than ten
years may still use.
8. The dominant estate was sold
unconditionally (no right of The non-user must be voluntary on the part
redemption) to the servient owner. of the dominant owner and not due to
Later, the dominant owner bought fortuitous events beyond his control unless
his former estate. Still later, the the non-use is due to the impossibility of
dominant estate was sold to use UNDER PAR 3
another person X. is the easement
revived? From what time to compute:
ANS: The absolute sale of the
dominant estate to the servient a. If a discontinuous easement (right
estate merged completely and of way) - from the time it ceased to
definitely the ownership of both be used.
estates in one person. Therefore, b. If a continuous easement (like
the easement was not merely aqueduct) - from the day on which
suspended; it was totally an act contrary to the same took
extinguished. When the former place (art 631).
dominant owner bought back his
estate, it was not because of the Proof of Non- user
exercise of the right of conventional
redemption. It was a new sale. No The proof of non-user must be indubitable,
easement was created by virtue of and this is particularly true if the easement
the sale. Therefore, there was no of right of way was annotated in the torrens
easement that could be revived title.
upon the sale of the property to X.

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Group 1 – Co, Conde, Danao, Salcedo, and Yabut

3. Impossibility of use
Mere refraining from claiming the right,
This merely suspends (unless without any positive acts to imply a real
extinguishment is caused by the necessary waiver, is not sufficient for the purpose
period for non-user) since possibility of use although it may constitute non-use.
revives the easement.
The rule of express renunciation is without
When the condition of either or both of the prejudice to the power of the courts to find
estates which makes impossible the use of in exceptional circumstances the existence
the easement is irreparable, whether of evident waiver, deduced from relevant
caused by fortuitous events or not, the acts which reveal it beyond doubt
servitude is absolutely extinguished;
otherwise, the impossibility of use merely City of Manila v. Entote
suspends the servitude until such time
when it can be used again Facts: Marzan owned three lots
contiguous to each other. When she sold
Thus, where a particular portion of the land Lots 1 and 2, she imposed on Lot 3 a
over which a right of way is exercised is voluntary easement of right of way in favor
flooded, the easement is temporarily of Lots 1 and 2. Later, the owners of Lots 1
extinguished and is re-established when it and 2 renounced the easement since they
is used again unless in the meantime the were given a better outlet. What happens
period of ten years for non-use has to the easement on Lot 3?
elapsed.
Held: The voluntary easement has been
4. By expiration of term or fulfillment of extinguished by the voluntary renunciation
resolutory condition; in this connection, of the owners of the dominant estate.
see ART 603 (2) “By the expiration of the
period for which it was constituted, or by Subsidiary Issue: When the voluntary
the fulfillment of any resolutory condition easement was created, the same was in
provided in the title creating the usufruct.” favor of the owners of lots 1 and 2, their
heirs, assigns, their servants and “any and
Example: An easement was agreed upon all other persons whomsoever”. Does the
to last till the owner of the dominant last phrase refer to anybody else, such that
easement becomes lawyer. When the their renunciation would be required before
condition is fulfilled, the easement ceases. the easement can be distinguished?

5. By Renunciation (waiver) by the Held: No, the phrase does not refer to the
owner of the dominant estate. entire world but only to those in privy with
the owners of lots 1 and 2. This is because
Renunciation must be express, clear, of the rule of “ejusdem generis” in legal
specific (Otherwise, it might be confused hermeneutics.
with non-user). This is particularly
true for discontinuous easements such as 6. By Redemption agreed upon
a right of way.
The redemption must be by virtue of an
The waiver must be, if not formal and agreement between the owners of the
solemn, at least such as may be obviously dominant and servient estates under which
gathered from positive acts the servitude would be extinguished

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Group 1 – Co, Conde, Danao, Salcedo, and Yabut

It may consist in the payment of a certain

Art. 632. The Form or manner of using
amount of money, the doing of an act, or the easement may prescribe as the
the performance of some other prestation. easement itself, and in the same way.

This is voluntary redemption, existing

The form or manner (or mode) of using the
because of an express stipulation
easement (Art. 626.) is different from the
easement itself or the right to exercise it.
The stipulation may provide conditions
Both may be lost by prescription
under which the easement would be
extinguished.
Prescription Re VOLUNTARY Easement
7. Other causes of extinguishment
a. The easement may itself prescribe
b. The form or manner of using (Like
(a) Expropriation of the servient
number of windows, location of
estate;
pathway, width of road) may also
(b) Permanent impossibility to make
prescribe in the same manner as
use of the easement
the easement itself.
(c) Annulment, rescission, or
cancellation of the title that
Prescription Re LEGAL Easement.
constituted the easement.
(d) Abandonment of the servient
a. Some legal easements do not
estate
prescribe, moreover, the right to
(e) Resolution of the right of the
exercise them cannot also
grantor to create the easement
prescribe. BUT the manner and
(f) Registration of the servient
form of using them may
estate as FREE, that is, although
prescribe, as in the case of the
the servient estate was
easement of right of way.
registered under the torrens
b. But some legal easement do
system, the easement thereon
prescribe, as in the case of the
was not registered, unless there
servitude of natural drainage.
is a stipulation or actual
knowledge of the existence of
the easement on the part of the Art. 633. If the dominant estate
transferee. belongs to several persons in
(g) In the case of the legal easement common, the use of the easement by
any one of them prevents prescription
of right of way, the opening of an
with respect to the others.
adequate outlet to the highway
extinguishes the easement, if the
servient owner make a demand Easements are indivisible. Hence, the use
for such extinguishment. by a co-owner inures to the benefit of all the
other co-owners and prevents prescription
as to the shares of the latter. In other
words, the use by a co-owner is deemed to
be used by each and all the co-owners.

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