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Property - Title V - Easements - up to Extinguishment - Coggle Diagram

- - - - Limitation - Limits the jus utendi of the owner of the servient estate.
        
        Confusion or Merger - in case the person of the owner of the servient and dominant estates are merged, the right of easement is extinguished.
      - Incorporeal Interest - does not grant the holder of the easement title. In effect, acknowledges that the other property belongs to another when one claims the right of easement. (Bogo-Medellin Milling Co., Inc. v. CA)
- - - - Praedial Servitude - The right of servitude belonging to the dominant estate.
        
        Presupposes the existence of a dominant estate and a subservient estate. The real right of which belongs to the occupant of the dominant estate.
    - - Independent- Refers to a right to an easement over a property independent of occupancy/possession of a dominant estate.
        
        Transmissibility - A right belong to a specific person or community. Thus, does not automatically extend to the succesors-in-interest of the prior holder of the easement right.
  - - - Easements that are by nature, continuously used such as drainage.
    - - Easements that are used at intervals or, dependent on the act of man. Such as right of way.
  - - - Easements that are made known and, continually kept in view by external signs that reveal the use and enjoyment. E.g. easement of right of way
    - - Easements that show no external indication of their existence. E.g. easement of required building height
  - - - An easement that imposes an obligation on the owner of the servient estate to allow something to be done on his property or, of doing it himself.
        
        Right to Exclude - here, the right to exclude of the owner under NCC 429 is restricted.
        
        Obligation to do Easements that impose an obligation to do on the servient owner is only an accessory obligation to the real servitude.
    - - An easement that prohibits the owner of the servient estate from doing something that he could have lawfully done had it not been for the easement.
  - - - Non-Voluntary - Exist by force of law. Thus, can be enforced even against the will of the owner of the servient estate.
        
        Private Legal Easement - those whose objects are the interests of private persons
        
        Public Legal Easement - those whose objects are public use
    - - Can only be created by reason of the will of the owner of the servient estate.
        
        Creation - only the owner can create a servitutde that will bind the servient estate itself.
        
        Owner - here, the entire servient estate is bound.
        
        Non-Owner - here, only the person that established the easement is bound. The easement terminates when their right to the property is terminated.
  - - - Article 619. Easements are established either by law or by the will of the owners. The former are called legal and the latter voluntary easements. (536)
        
        Article 634. Easements imposed by law have for their object either public use or the interest of private persons. (549)
        
        Article 638. The banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage.
        Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to the easement of towpath for the exclusive service of river navigation and floatage.
        If it be necessary for such purpose to occupy lands of private ownership, the proper indemnity shall first be paid. (553a)
- - - - Sale - as a consequence, the easement cannot be alienated or mortgaged separate from the estate to which it is part of.
- - - - All kinds of easements may be acquired by title.
        
        Title - refers to any juridical act that gives birth to the easement such as law, donations, contracts, wills, etc.
        
        Proof - here, proof of easement can be via presentation of title. If the document is lost, absence of proof can be cured by a deed of recognition executed by the owner of the servient estate. (623)
        
        Oral Evidence - can be proven through oral evidence as not within the statute of frauds.
        
        Operation of Law - Two estates with one owner, but apparent sign of easement. Here, once the ownership of the two estates is divided an easement is created by way of title at the moment of the division of the property.(624)
        
        Unless, the title of conveyance indicates otherwise or, the apparent sign is removed prior to execution of the deed.
        
        Contrary Law - In the same way law provide for creation of easements, an express law will prevent an easement from arising. (Lunod v. Menses)
    - - Only continuous and apparent easements may be acquired by prescription.
        
        Ratio - Acquisitive prescription requires continuous and uninterrupted possession to transfer title. Rights, in order to be possessed must involve the exercise of the right. Thus, non-continuous easements can never be acquired by prescription as there is interruption of possession. (Ronquillo v. Roco)
        
        Period for Prescription - Prescription period is 10 years. Subject to the kind of easement. (622)
        
        Positive - the 10-year period is counted from the day the owner of the dominant estate or possessor commenced to exercise it upon the servient estate.
        
        Negative - 10-year period counted from the day on which the owner of the dominant estate forbade the owner oft the servient estate from executing an act which would be lawful without the easement.
        
        How Done - This is done by serving a notarial prohbition.
        
        Proof - Here, the existence of the easement must be established through a judicial proceeding (623)
  - - - Servient Owner
        
        Ownership - Servient owner retains ownership and the right to use the portion of the servient estate on which the easement is established. So long as the exercise of the easement is not affected. (630)
        
        Modification - Servient owner may change the place of the easement or the manner of its use subject to the following requisites: (629)
        
        (2) Servient owner offers another place or another manner of use equally convenient
        
        (3)No injury is caused to the dominant estate or to those who have a right to use easement
        
        (1) Place originally assigned or the manner established for use of easement has become very inconvenient or, that it has prevented him from making important works, repairs or improvements
        
        (4) The expenses incurred for the process shall be borne by the servient owner
      - Holder of Easement
        
        Necessary For Use - all rights necessary for the use of the easement are granted upon its establishment. (625)
        
        Accessory Easements as a consequence, an easement may carry with it the grant of accessory easements. e.g. an easement for drawing waters carries easement for right of way. (641)
        
        Limitations - the owner of the dominant estate can only use the easement for the benefit of the immovable for which it was establshed. This is because the easement attaches to the immovable.
        
        Specific Purpose - if the easement is established for a particular purpose, it cannot be used for a different purpose except when the change of use does not make the easement more burdensome. (Tolentino)
        
        Works on Servient Estate - owner of the dominant estate may make any works on the servient estate necessary for the use and preservation of the servitude subject to the following conditions.(627)
        
        (1) The work must be necessary for the use and preservation of the servitude;
        
        (2) The work is done at the expense of the owner of the dominant estate;
        
        (3) The work can be done without altering the servitude or rendering it more burdensome;
        
        (4) The owner of the servient estate is first notified of the intended work;
        
        (5) The time and manner of making the work should be the most convenient to the owner of the servient estate or it is done in such a manner that it causes the least inconvenience to the owner of the servient estate.
        
        Exclusive Use - An easement that prevents the exclusive use of the property by expropriating it for a public use may not be established unless the owner of the property seized is indemnified.
      - Article 627. The owner of the dominant estate may make, at his own expense, on the servient estate any works necessary for the use and preservation of the servitude, but without altering it or rendering it more burdensome.
        For this purpose he shall notify the owner of the servient estate, and shall choose the most convenient time and manner so as to cause the least inconvenience to the owner of the servient estate. (543a)
        Article 628. Should there be several dominant estates, the owners of all of them shall be obliged to contribute to the expenses referred to in the preceding article, in proportion to the benefits which each may derive from the work. Any one who does not wish to contribute may exempt himself by renouncing the easement for the benefit of the others.
        If the owner of the servient estate should make use of the easement in any manner whatsoever, he shall also be obliged to contribute to the expenses in the proportion stated, saving an agreement to the contrary. (544)
        Article 629. The owner of the servient estate cannot impair, in any manner whatsoever, the use of the servitude.
        Nevertheless, if by reason of the place originally assigned, or of the manner established for the use of the easement, the same should become very inconvenient to the owner of the servient estate, or should prevent him from making any important works, repairs or improvements thereon, it may be changed at his expense, provided he offers another place or manner equally convenient and in such a way that no injury is caused thereby to the owner of the dominant estate or to those who may have a right to the use of the easement. (545)
        Article 630. The owner of the servient estate retains the ownership of the portion on which the easement is established, and may use the same in such a manner as not to affect the exercise of the easement. (n)
    - - Merger - if there is a merger in the persons of the owners of the dominant and the servient estates, the praedial easement is extinguished. This contemplates full ownership of the parts affected by the servitude or the part for the benefit of which the servitude was established. (Rabuya)
        
        Personal - If the personal easement is for the benefit of a community, merger does not extinguish the easement.
      - Rabuya - The following may be added:
        
        (1) annulment or rescission of title constituting the easement;
        
        (2) termination of the right of the grantor; and
        
        (3) abandonment of the servient estate; and
        
        (4) eminent domain
        
        Annotation of Title - If voluntary easement and the servient estate is registered without annotation of the same then the easement is extinguished. (Puruggunan v. Paredes as cited in (Unisource Commercial and Development Corporation v. Joseph Chung, et al.)
      - Non-User - contemplates abandonment of the easement for a period of (10) years. Extinctive Prescription.
        
        Computation - 10 year period varies if the easement is continuous or not.
        
        Continuous - 10-year starts from the day on which an act contrary to the easement took place. E.g. easement of running water, period starts when drainage prevented.
        
        Non-Continuous - 10-year starts from the day the easement was not used.
        
        Co-Ownership - use of the easement by any of the co-owners will prevent the running of the extinctive period.
        
        Never Used - if the easement was never used, prescription period for extinction starts from the day it was first used. (Francisco v. Paez)
      - Impossibility of Use - Generally, impossibility of use does not extinguish the easement. However, there are two exceptions.
        
        Irreparable - where impossibility of use is irreparable.
        
        Extinctive Period - where the impossibility of use, though reparable leads to a lapse of the non-user period.
        
        Tolentino - Non-user must be due to voluntary abstention. If through fortuitous events, then no extinguishment.
      - Renunciation - No tacit renunciation. Must be clear, specific and express. (Fuentes v. Rivera)
      - Redemption - where the servient estate is released from servitude by agreement of owners of both estates and payment of consideration by owner of servient estate.
      - Change of Ownership - Does not extinguish easement. Instead, continued under NCC 624.
        
        Note that Extinguishment of easement list under 631 is an exclusive list. (Tanedo v. Bernad)