II G. Easements

Question 1

Definition of Easement. L1

Answer 1

DEFINITION: An encumbrance imposed upon an immovable for the benefit of another immovable
belonging to a different owner. (Art. 613)

▪ DOMINANT ESTATE – the immovable in favor of which the easement is established

▪ SERVIENT ESTATE – the immovable subject to easement

*Ganchoon notes

Question 2

CHARACTERISTICS of Easements: L2

Answer 2

(1) a real right,
(2) can be established only on immovables by nature.
(3) can be imposed only on the property of another,
(4) can exist only between neighboring tenements,
(5) produces a limitation on the ownership of servient estate,
(6) inseparable from the servient estate [Art. 617], and
(7) indivisible [Art. 618]

Question 3

Classification

Answer 3

1. As to recipient of Benefit: .

Real (or Praedial) – When it is in favor of another immovable

Personal - when it is in favor of a community, or of one or more persons to whom the encumbered estate does not belong

2. As to Source:

Legal – if established by law either for public use or for the interest of private persons.

Voluntary - if established by the will of the owners

3. As to its exercise:

Continuous easements - those the use of which is or may be incessant, without the intervention of any act of man (Art. 615, NCC).

Discontinuous easements - those which are used at intervals and depend upon the acts of man (Art. 615, NCC).

Apparent easements - those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same (Art. 615, NCC).

Non-apparent easements - those which show no external indication of their existence (Art. 615, NCC).

Positive Easement - imposes upon the owner of the servient estate the obligation of allowing something to be done on his property (servitutes in patendo) (Art. 616, NCC).

Negative easement - prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist (servitutes in non faciendo) (Art. 616, NCC)

Question 4

Modes of acquiring easement (P-R-A-F-T)

Answer 4

1. By Title (Art. 620, NCC) – the following easements may be acquired only by title: a. Continuous non-apparent easements; b. Discontinuous apparent easements; and c. Discontinuous non-apparent easements. (Art. 622, NCC) (2005BAR)
2. By Prescription of ten (10) years; (2009 BAR) NOTE: Prescription runs irrespective of good faith or bad faith of the possessor and whether or not he has just title. The only requirement is adverse possession. Only continuous and apparent easements can be acquired by prescription; (Art.620, NCC)
3. By deed ofRecognition, in the absence of proof of prescription;
4. By Final judgment, if owner denies existence of easement or refuses to execute deed of recognition; (Rabuya, 2008) or
5. By Apparent sign established by the owner of the two adjoining estates. XPN: unless at the time the ownership of the two estates is divided: a. There are contrary stipulations;or b. The sign is removed before the execution of the deed

Prescriptive Period

1. Positive easement – The 10-year period is counted from the day when the owner of the dominant estate begins to exercise it;and
2. Negative easement – from the day a notarial prohibition is made on the servientestate. (Art. 621, NCC)

Question 5

Modes of Extinguishing Easements (M-E-N-C-R2) (2001, 2010 BAR)

See p. 688 GN

Answer 5

Easements are extinguished (M-E-N-C-R2) (2001, 2010 BAR)

1. By Merger in the same person of the ownership of the dominant and servient estates;
2. By Non-user for ten (10) years; with respect to discontinuous easements, this period shall be computed from the day on which they ceased to be used; and, with respect to continuous easements from the day on which an act contrary to the same took place;
3. When either or both of the estates fall into such condition that the easement Cannot be used; but it shall revive if the subsequent condition of the estates or either of them should again permit its use, unless when the use becomes possible, sufficient time for prescription has elapsed, in accordance with the provisions of the preceding number;
4. By the Expiration of the term or the fulfillment of the condition, if the easement is temporary or conditional;
5. By the Renunciation of the owner of the dominant estate; and
6. By the Redemption agreed upon between the owners of the dominant and servient estates. (Art. 631, NCC)