Easement

1.
The different kinds of easements are the following, to wit:

Articles 613 and 614 of the New Civil Code provide for that kind of easement as to the
recipient of benefit which could either be real or personal. Real easement is in favor of
another immovable, while personal easement is in favor of one or more persons to whom
the encumbered estate does not belong.
Article 615 of the New Civil Code provides for the kind of easement as to its exercise. It
could either be continuous where the use of which is or may be incessant, or
discontinuous where used at intervals and depend upon the acts of man. The kind of
easement according to whether or not their existence is indicated are: Apparent where
those are made known and are continually kept in view by external signs that reveal the
use and enjoyment of the same, or non-apparent where those which show no external
indication of their existence.
As stated under Article 616 of the New Civil Code, easements can also either be positive
or negative as regards its purpose. The former involves those which impose upon the
owner of the servient estate the obligation of allowing something to be done or of doing it
himself, the latter are those which prohibit the owner of the servient estate from doing
something which he could lawfully do if the easement did not exist.
Lastly, the kind of easement according to the source and origin and establishment of the
easement are either voluntary, legal, or mixed. As provided under Article 619 of the New
Civil Code, voluntary is when it is constituted by will or agreement of the parties or by a
testator, and legal or those constituted by law for public use or for private interest. Mixed
is created partly by agreement and partly by the law.
2. The characteristics of Easement are laid down hereinbelow:
It is a real right for an action in rem is possible against the possessor of the servient
estate. Moreover, it is a real right that may be alienated although the naked ownership is
maintained.
It is imposable only on ANOTHER’S property. As provided under 613 of the NCC, an
easement or servitude is an encumbrance imposed upon an immovable for the benefit of
another immovable belonging to a different owner.
It is a limitation or encumbrance on the servient estate for another’s benefit.
Article 617 of the NCC states that Easements are inseparable from the estate to which
they actively or passively belong.
Article 618 of the NCC 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.
It is INTRANSMISSIBLE, unless the tenement affected be also transmitted or alienated.
It is PERPETUAL for as long as the dominant and/or the servient estate exists.
3. The rights of the SERVIENT ESTATE are:

Under Article 628 of the NCC, to contribute to the expenses in proportion to BENEFITS
received, unless there is a contrary stipulation.
Under Art. 629 of the NCC, to change the location of a very inconvenient easement
provided that an equally convenient substitute is made, without injury to the dominant
estate.
Under Article 630 of the NCC, to retain ownership and possession of the portion of his
land affected by the easement, even if indemnity for the right is given, unless the contrary
has been stipulated, and to make USE of the easement, unless deprived by stipulation
provided that the exercise of the easement is not adversely affected
The Obligations of the SERVIENT ESTATE are:
He must contribute to the expenses in case he uses the easement, unless there is a
contrary stipulation, as provided under Art. 628 (2)
He cannot impair the use of the easement, as provided under Art. 629 (1) of the NCC.
In case of impairment, to restore conditions to the status quo at his expense plus damages.
To pay for the expenses incurred for the change of location or form of the easement (in
the proper case), as provided under Art. 629(2) of the NCC.
4. Rights of the DOMINANT ESTATE are:

As provided under Art. 625 of the NCC, to exercise the easement and all necessary rights
for its use including accessory easement.
To make on the servient estate all works necessary for the use and preservation of the
servitude at his own expense, and he must NOTIFY the servient owner. He must also
NOT alter the easement NOR render it MORE BURDENSOME
To ask for a MANDATORY INJUNCTION to prevent impairment or obstruction in the
exercise of the easement as when the owner of the servient estate obstructs the right of
way by building a wall or fence.
Under Art. 626, He cannot use the easement except for movable originally contemplated.
In the easement of right of way, he cannot increase the agreed width of the path, nor
deposit soil or materials outside of the boundaries agreed upon, BUT he may allow
OTHERS to use the path except if the contrary has been stipulated.
If there be several dominant estates, each must contribute to necessary repairs and
expenses in proportion to the BENEFITS received by each estate (and not in proportion
to the VALUE of each estate). (In the absence of proof, we should presume the benefits
to be equal).
Under Art 627, He cannot alter the easement, nor make it more burdensome.
As provided under Art. 628 of the NCC, to RENOUNCE totally (for an easement is
indivisible) the easement if he desires exemption from contribution to expenses.
Obligations of the DOMINANT ESTATE:
(a) He cannot impair the use of the easement. (Art. 629, par. 1).
(b) He must contribute to the expenses in case he uses the easement, unless there is a
contrary stipulation. (Art. 628, par. 2).
(c) In case of impairment, to restore conditions to the status quo at his expense plus
damages. (In case of obstruction, as when he fences the original right of way, and offers
an inconvenient substitute way, which is farther and requires turning at a sharp angle, he
may be restrained by injunction).
5.
a. No, Romeo has not acquired an easement of light and view by prescription.
Art. 668 of the NCC provides for the period of prescription for the acquisition of an easement of
light and view which shall be counted:
(1) From the time of the opening of the window, if it is through a party wall; or
(2) From the time of the formal prohibition upon the proprietor of the adjoining land or
tenement, if the window is through a wall on the dominant estate.
In the present case, there was no formal prohibition evident as required by law. This
should have been done by means of an instrument acknowledged before a notary public.
Romeo should have prohibited Fred from obstructing his light and view, but he did not.
Additionally, Romeo did not adhere to the legal requirement that there should be a
distance of at least two meters between the windows and Fred’s lot, since the view is
direct. Non-observance of this distance does not give rise to prescription.
b. The action of Fred against Romeo for the closure of the windows will not prosper.
Under the NCC, the prescription for the bringing of such action shall be 10 years
At present, because more than 10 years has already elapsed from the time of the opening of the
windows of Romeo, Fred’s right of action for its closure has already prescribed.
c. No, the failure of such action is not tantamount to saying that Romeo has already acquired an
easement of light and view. The New Civil Code supports the fact that no one can prevent Fred
from obstructing Romeo’s light and view by constructing a building on his lot or by raising a
wall thereon contiguous to the windows of A.

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1.

The different kinds of easements are the following, to wit:

3. The rights of the SERVIENT ESTATE are:

4. Rights of the DOMINANT ESTATE are:

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