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This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

In Spouses Fernandez v. Spouses Delfin, G.R. No. 227917, 17 March 2021, the Supreme Court defined an easement as an encumbrance on a property for the benefit of another property owned by another. It involves a grant to use a portion or aspect of the property, without relinquishing ownership or possession over it. The property on which the easement is imposed, and which will be used by the other, is called the servient estate. The property to which the use is granted is the dominant estate.

Under the Civil Code of the Philippines, the provisions governing easements define their nature, characteristics, and the ways by which they may be established

Article 613 of the Civil Code states that an easement is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner.

Dominant Estate

It is the immovable in favor of which the easement is established. (Article 613)

The property to which the use of the easement is granted. (Spouses Fernandez v. Spouses Delfin)

Take note that Article 626 states that the owner of the dominant estate cannot use the easement except for the benefit of the immovable originally contemplated. Neither can he exercise the easement in any other manner than that previously established

Servient Estate

It is the immovable that which is subject thereto of the dominant estate. (Article 613)

The property on which the easement is imposed, and which will be used by the other. (Spouses Fernandez v. Spouses Delfin)

Kinds of Easements

Article 615 of the Civil Code provides that easements may be continuous or discontinuous, apparent or nonapparent.

According to the manner of exercise:
- Continuous easements are those the use of which is or may be incessant, without the intervention of any act of man. (Article 615)
- Discontinuous easements are those which are used at intervals and depend upon the acts of man. (Article 615)

According to whether their existence is indicated:
- 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. (Article 615)
- Nonapparent easements are those which show no external indication of their existence. (Article 615)

According to their purpose or nature of limitation:

- Positive Easement is one which imposes upon the owner of the servient estate the obligation of allowing something to be done or of doing it himself. (Article 616)
- Negative Easement is that which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist. (Article 616)

Divisibility of Easements

Article 617 states that easements are inseparable from the estate to which they actively or passively belong.

Further, Article 618 provides that easements are indivisible. If the servient estate is divided between two or more persons, the easement is not modified, and each of them must bear it on the part which corresponds to him.

If it is the dominant estate that is divided between two or more persons, each of them may use the easement in its entirety, without changing the place of its use, or making it more burdensome in any other way. (Article 618)

How are Easements Established?

Article 619 indicates that easements are established either by law or by the will of the owners. The former are called legal and the latter voluntary easements.

Modes of Acquiring Easements

In case of continuous and apparent easements, they are acquired either by virtue of a title or by prescription of ten years. (Article 620)

In order to acquire by prescription, Article 621 provides that the time of possession shall be computed thus: in positive easements, from the day on which the owner of the dominant estate, or the person who may have made use of the easement, commenced to exercise it upon the servient estate; and in negative easements, from the day on which the owner of the dominant estate forbade, by an instrument acknowledged before a notary public, the owner of the servient estate, from executing an act which would be lawful without the easement.

Article 622 provides that in case of continuous nonapparent easements, and discontinuous ones, whether apparent or not, may be acquired only by virtue of a title.

Take note that Article 623 provides that in the absence of a document or proof showing the origin of an easement which cannot be acquired by prescription may be cured by a deed of recognition by the owner of the servient estate or by a final judgment.

Existence of an Apparent Sign of Easement

Article 624 states that the existence of an apparent sign of easement between two estates, established or maintained by the owner of both, shall be considered, should either of them be alienated, as a title in order that the easement may continue actively and passively, unless, at the time the ownership of the two estates is divided, the contrary should be provided in the title of conveyance of either of them, or the sign aforesaid should be removed before the execution of the deed. This provision shall also apply in case of the division of a thing owned in common by two or more persons.

As simplified by the Supreme Court in Spouses Fernandez v. Spouses Delfin, when one person who owns two properties establishes an apparent sign of an easement between them, this gives rise to a title over an easement when either of the properties is transferred to another person. The exception is if the contrary is provided in the deed of transfer, or if before the deed is executed, the apparent sign is removed.

Effect of Establishment of Easement

Upon the establishment of an easement, all the rights necessary for its use are considered granted. (Article 625)

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

WHAT IS EASEMENT?

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