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Property - Title V - Forms of Easements, Article 637. Lower estates are…

- - - - Easement - Here, the lower estate is obliged to receive the waters which naturally and, without intervention of man flow form the higher estates. This includes all the stones or earth which they may carry.
        
        Dominant Estate - may not construct works which increase the burden or, increase the natural flow. (637)
        
        Improvements - Dominant owner may resort to articial means to drain the waters but obliged to: (1) Use drainage that will cause minimum damage; (2) Pay just compensation to servient owner. (Art. 46 Water Code)
        
        Servient Estate - obliged to receive waters, stones and earth. May not construct works that will impede the flow of waters, unless they provide an alternative method of drainage. (Art. 50 Water Code)
      - Continuous - continuous easement as does not depend on acts of man. Subject to extinctive prescription if someone prevents drainage. (Ongsiako v. Ongsiako)
  - - - Requisites
        
        (1) That he who wants to establish the easement of aqueduct must be able to prove that he can dispose of the water;
        
        (2) He must also prove that it is sufficient for the use for which it is intended
        
        (3) The proposed right of way is the most convenient and the least onerous to third persons affected; and
        
        Rights and Obligations
        
        Servient Owner - retains the right to enclose or fence the estate. However, may not refuse entry of the dominant owner if the entry is to clean, repair or replace the aqueduct or remove obstruction. (645)
        
        Building Can build over the aqueduct, provided that it does not damage the aqueduct or render the necessary repairs and cleanings impossible.
        
        (4) He must indemnify the owners of the servient estates (intervening estates), as well as the owners of the lower estates upon which the waters may filter or descend.
      - Limitations - If for private interest, cannot be imposed on buildings, courtyards, annexes, outhouses or orchards or gardens already existing. (644)
      - Continuous - deemed as continuous, regardless if the waterflow is not.(646)
- - - - Article 667. No part-owner may, without the consent of the others, open through the party wall any window or aperture of any kind. (580)
        Article 668. The period of prescription for the acquisition of an easement of light and view 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. (n)
        Article 669. When the distances in article 670 are not observed, the owner of a wall which is not party wall, adjoining a tenement or piece of land belonging to another, can make in it openings to admit light at the height of the ceiling joints or immediately under the ceiling, and of the size of thirty centimeters square, and, in every case, with an iron grating imbedded in the wall and with a wire screen.
        Nevertheless, the owner of the tenement or property adjoining the wall in which the openings are made can close them should he acquire part-ownership thereof, if there be no stipulation to the contrary.
        He can also obstruct them by constructing a building on his land or by raising a wall thereon contiguous to that having such openings, unless an easement of light has been acquired. (581a)
        
        Article 670. No windows, apertures, balconies, or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property.
        Neither can side or oblique views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters.
        The nonobservance of these distances does not give rise to prescription. (582a)
        Article 671. The distance referred to in the preceding article shall be measured in cases of direct views from the outer line of the wall when the openings do not project, from the outer line of the latter when they do, and in cases of oblique view from the dividing line between the two properties. (583)
        Article 672. The provisions of article 670 are not applicable to buildings separated by a public way or alley, which is not less than three meters wide, subject to special regulations and local ordinances. (584a)
        Article 673. Whenever by any title a right has been acquired to have direct views, balconies or belvederes overlooking an adjoining property, the owner of the servient estate cannot build thereon at less than a distance of three meters to be measured in the manner provided in article 671. Any stipulation permitting distances less than those prescribed in article 670 is void. (585a)
      - Concept - Essentially, an obligation imposed upon servient owners to not do anything that may cut off or interrupt light.
        
        Can be either negative or positive.
        
        Classification
        
        Different if the owner of a property opens a window. In this case, they have the right to board up the window and thus, interrupt the flow of the light in exercise of their rights of ownership. (Cortes v. Yu-Tibo)
        
        Scenarios for prescription
        
        Estate Owner opens a Window on their property
        
        Here, no prescription for easements will run unless there is a covenant or express agreement for the establishment of the easement.
        
        2 more items...
        
        Person Opens up a Party-Wall or property of another (670)
        
        Here, consent of the co-owners must be obtained.
        
        1 more item...
        
        Easement of Light and View
        
        Those that cannot be acquired by title -
        
        Can be Acquired by Title -
        
        Easement of Light - The right to admit light from the neighboring estate by opening a window or some opening.
        
        (673&669) and (Garganon v. Yanon) Build less than three meters from one's property. Can be acquired through prescription. 30cm view upwards.
        
        Prescription - A pure easement of light can be acquired by title. This is achieved by serving a notarial prohibition on the neighbor from obstructing a window at a ceiling joint. (NCC 669 & 668)
        
        Easement of View - The right to make openings/windows to enjoy the view through the estate of another and, the power to prevent all constructions or works which would obstruct such view or make the same difficult.
        
        Distances - Prohibits the making of windows, apertures, balconies or other similar projections which afford a direct view upon or towards an adjoining land or tenement WITHOUT leaving a distance of: (670)
        
        2 Meters - Measured from the subject window and the property line when it affords a direct view.
        
        60 centimeters - in case of side or oblique views. Measured from the dividing line between the two properties.
        
        Otherwise, would be grounds for the existence of an easement of light and view.
        
        Easement Against View - contemplates direct view. Window 2m away from the boundary line. Adjacent property owners cannot build a window that affords a direct view against each other. If oblique, 60cm. (NCC 670)
        
        Acquisition of easement of view - . There must be continuous viewing in order to give rise to prescription for the existence of the easement.
        
        Building Height - an easement of altius non tollendi is an accessory easement of an easement of light and view. This is because building a higher building necessarily impairs the easement. (Amor v. Florentino)
        
        (673) Right to view person by constructing a window.
        
        Easement against Direct View - cannot be acquired by prescription provided for by title(?)
        
        Prohibition of building projections that afford a direct view upon or towards an adjoining land or tenement. This is because it can ripen into an easement.
      - Distances to be Observed -
        
        2 Meters/60 CM - General rule.
        
        3 Meters - If there is existing right to have direct views.
    - - Article 662. The cost of repairs and construction of party walls and the maintenance of fences, live hedges, ditches, and drains owned in common, shall be borne by all the owners of the lands or tenements having the party wall in their favor, in proportion to the right of each.
        Nevertheless, any owner may exempt himself from contributing to this charge by renouncing his part-ownership, except when the party wall supports a building belonging to him. (575)
        Article 663. If the owner of a building, supported by a party wall desires to demolish the building, he may also renounce his part-ownership of the wall, but the cost of all repairs and work necessary to prevent any damage which the demolition may cause to the party wall, on this occasion only, shall be borne by him. (576)
        Article 664. Every owner may increase the height of the party wall, doing so at his own expense and paying for any damage which may be caused by the work, even though such damage be temporary.
        The expenses of maintaining the wall in the part newly raised or deepened at its foundation shall also be paid for by him; and, in addition, the indemnity for the increased expenses which may be necessary for the preservation of the party wall by reason of the greater height or depth which has been given it.
        If the party wall cannot bear the increased height, the owner desiring to raise it shall be obliged to reconstruct it at his own expense and, if for this purpose it be necessary to make it thicker, he shall give the space required from his own land. (577)
        Article 665. The other owners who have not contributed in giving increased height, depth or thickness to the wall may, nevertheless, acquire the right of part-ownership therein, by paying proportionally the value of the work at the time of the acquisition and of the land used for its increased thickness. (578a)
        Article 666. Every part-owner of a party wall may use it in proportion to the right he may have in the co-ownership, without interfering with the common and respective uses by the other co-owners. (579a)
    - - Presumption - there is a presumption of the existence of a party wall if: (659)
        
        Dividing walls of gardens or yards, situated in cities, towns or rural commuunities
        
        Fences, walls and live hedges dividing rural lands
        
        Dividing walls adjoining buildings up to a point of elevation
        
        Rebuttal of Presumption - Such presumption does not apply if: (1) There is title to the contrary; (2) there is an exterior sign to the contrary; (3) there is proof to the contrary. (659)
        
        Exterior Sign - there is an exterior sign contrary to the easement of a party wall in the following circumstances:
        
        (1) Whenever in the dividing wall of buildings there is a window or opening;
        (2) Whenever the dividing wall is, on one side, straight and plumb on all its facement, and on the other, it has similar conditions on the upper part, but the lower part slants or projects outward;
        (3) Whenever the entire wall is built within the boundaries of one of the estates;
        (4) Whenever the dividing wall bears the burden of the binding beams, floors and roof frame of one of the buildings, but not those of the others;
        
        (5) Whenever the dividing wall between courtyards, gardens, and tenements is constructed in such a way that the coping sheds the water upon only one of the estates;
        (6) Whenever the dividing wall, being built of masonry, has stepping stones, which at certain intervals project from the surface on one side only, but not on the other;
        (7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed .164
        
        Ownership - if exterior signs are present, ownership is exclusively to the owner of the property or tenement that the signs support.
        
        Ditches - Ditches or drains between two estates are presumed to be common to both estates. Sign to the contrary if earth or dirt is removed to open the ditch or to clean it on one side. (661)
        
        Discontinuous - because the use of the easement is dependent on the act of the dominant estate.
      - Rights and Obligations
        
        Increase Height - all part-owners of a party wall have the right to increase the height of the party wall provided that: (1) They pay for it; (2) Pay for any damage which may be caused even if such damage is temporary; (3) If the party wall cannot bear the increased height, the owner shall reconstruct it at his own expense. If wall needs to be thicker, the space is taken from their land. (664)
        
        Co-Ownership - if wall is increased in height, co-ownership maintained up to the original height of the wall. Anything added is borne by the party wall builder. (663)
        
        Co-Owners - Other owners can acquire a proportionate share in the raised party wall by paying proportionately the value of the work at the time of the acquisition + value of land used for increased thickness. If this happens, costs for maintenance borne by co-owners in proportion to their share. (665)
        
        Repairs and Maintenance - costs for repairs and maintenance are borne by the owners of the lands that have the party-wall.
        
        Renunciation - Co-ownership may be renounced. (662) However, if the party-wall supports one of the buildings of the renunciator, renunciation must be made by demolishing the building. If demolish, then cost of all works and repairs necessary to prevent damage borne by him solidarily. (663)
  - - - Discontinuous - Interruption exists only at the moment of the crossing. Therefore no acquisitive prescription over right of way.
    - - Voluntary Title - constituted by agreement. Does not need that the dominant estate be isolated without an adequate outlet to a public highway.
        
        Extinguishment - If the right of way is no longer necessary because dominant estate has adequate access to a public highway, the owner of the servient estate may demand for release. Such release is done by returning indemnity he received without interest. Interest here is considered as payment for the use of the easement. (655)
        
        Demand - note that there must always be demand. Adequacy of access does not automatically extinguish the easement.
      - Compulsory Title - compulsory if an estate is isolated and without an adequate outlet to a public highway. (649-650)
        
        Bacolod v. Capital - laid down requisites for a compulsory easement of right of way.
        
        (1) That the dominant estate is surrounded by other immovables and has no adequate outlet to a public highway (Art. 649, par. 1);
        (2) After payment of proper indemnity (Art. 649, par. 1, end);
        (3) That the isolation was not due to acts of the proprietor of the dominant estate (Art. 649, par. 4); and
        (4) That the right of way claimed is at the point least prejudicial to the servient estate; and insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. (Art. 650 )128
        
        Burden of Proof - because the presumption is always that there is no easement or burden on property, it is the duty of the owner of the dominant estate to establish the presence of all preconditions for a claim of easement to be granted.
        
        Isolation - refers to landlocked estates. Surrounded by immovables belonging to other persons. (649)
        
        Owner is the Cause - Such isolation however, must not be caused by the acts of the owner claiming right of way.
        
        Inadequacy - there must be no adequate outlet to a public highway. This means that there must be real necessity for it. If a dominant estate can access highway without creating an easement, then that method is preferred. (Floro v. Llenado)
        
        Width - width of the easement subject to the needs of the dominant state. May be changed from time to time as according to their needs.(651)
        
        Least Prejudice The easement must be established at the point least prejudicial to the servient estate. This prevails over considerations of comfort on the part of the dominant owner.(650)
        
        Order of Preference - Generally, the shortest way and the way that will cause the least damage prevails. Least prejudice prevails over shortest way. (Quimen v. CA)
        
        Payment/Prepayment of Indemnity - Action for the establishment of the easement necessarily includes a prayer for the fixing of amount which may be due to the servient owner. (649)
        
        Amount - consists in the value of the land and damage caused to the servient estate.
        
        Exception - when a piece of land is acquired by sale/exchange/partition and is surrounded by the estates of the vendor,exchanger or co-owner no payment.(652)
        
        Who Demands - always the owner of the dominant estate. However, usufructuaries may also demand but, not a lessee. (649)
        
        Construction - if indispensable for the construction, repair, improvement, alteration or beatuification of a building (65)