Laws on Property Atty.

Melissa Romana Suarez

Page 1 of 8

Provisions (Art. 613 Art. 693) Althea Mae P. Casador

TITLE VII. EASEMENTS OR SERVITUDES Chapter 1: Easements in General Section 1: Different Kinds of Easements Kinds/classifications of Easements 1) According to party given benefit

c. d.

Right to participate in ownership e.g. easement of party wall Right to impede or prevent the neighboring estate from performing a specific act of ownership e.g. easement of intermediate distances 6) According to source or origin Voluntary Easements constituted by will or agreement of the parties or by a testator (Art. 619) Mixed Easements created partly by agreement and partly by law Legal Easements those constituted by law for public use or for private interest (Art. 619) e.g. Waters (Arts. 637-648) Right of Way (Arts. 649-657) Party Wall (Arts. 649-657) Light and View (Arts. 667-673) Drainage of buildings (Arts. 674-676) Intermediate distances (Arts. 677-681) Against Nuisances (Arts. 682-683) Lateral and subjacent support (Arts. 684-687)

a. b. c.

a) Definition

Real Easements (Art. 613) An encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner Dominant The immovable in favor of which the Estate easement is established Servient Estate The immovable burdened by the easement established b) Definition Personal Easements (Art. 614) Servitude established for the benefit of a community or of one or more persons to whom the encumbered estate does not belong

Inseparability of Easements Art. 617: Easements ate inseparable from the estate to which they actively or passively belong Indivisibility of Easements Consequences of division of the estate (Art. 618) Servient Estate 1) The easement is not modified 2) Each of the owners must bear the easement on the part which corresponds to him Dominant Estate 1) Each of the owners may use the easement in its entirety PROVIDED: a) the place of its use will not be changed b) it will not be made more burdensome in any other way Section 2: Modes of Acquiring Easements Acquisition of continuous and apparent Easements (Art. 620) By Title A juridical act or law sufficient to create the encumbrance e.g. law, donation, testamentary succession, contract 10 years irrespective of the good or bad faith on the part of the possessor Positive Easement From the day 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 (Art. 621) Negative Easement From the day on which the owner of the dominant estate forbade the owner of the servient estate from executing an act which would be lawful without the easement HOW? By an instrument acknowledged before a notary public (Art. 621) see: Republic vs. PLDT. L-18841

2)

According to the manner of exercise Continuous Easements (Art. 615) The use is incessant, or may be incessant, without the intervention of any act of man Easement of drainage, right to support a beam on anothers wall, easement of aqueduct, Easement of light and view Discontinuous Easements (Art. 615) The use is at intervals and depends upon the acts of man. Easement of right of way

a. Definition Example

b. Definition Example 3)

According to WON existence is indicated Apparent Easements (Art. 615) Easements made known and continually kept in view by external signs that reveal the use and enjoyment of the same Right of way when there is an alley, dam, window in a party wall Non-apparent Easements (Art. 615) Easements that show no external indication of their existence Right of way if there is no visible alley or path, all negative easements

a. Definition

Example

b. Definition Example

By Prescription

4)

According to the purpose of the easement or the nature of the limitation Positive Easements (Art. 616) The owner of the servient estate is obliged: 1. To allow something to be done on his property, OR 2. To do it himself Easement of light and view in a party wall, right of way, cutting off of branches extending over the neighboring estates Negative Easements (Art. 616) The owner of the servient estate is PROHIBITED to do something which he could lawfully do were it not for the existence of the easement Easement of light and view when the window or opening is on ones own wall or estate

a. Definition

Example

b. Definition

Example

5) a. b.

According to the right given Right to partially use the servient estate e.g. Right of way Right to get specific materials or objects from the servient estate e.g. easement of drawing water

By Expropriation

Laws on Property Atty. Melissa Romana Suarez

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Provisions (Art. 613 Art. 693) Althea Mae P. Casador

Acquisition by title ONLY (Art. 622) 1. Continuous Non-apparent Easement 2. Discontinuous Easements Absence of a Document/Proof showing the Origin of an Easement (Art. 623) Applicability of the article Those that cannot be acquired through prescription (see previous article) 1) Deed of Recognition by the servient estate 2) Final judgement declaring its existence

exempt himself by renouncing the easement for the benefit of the others Servient Owner (Art. 628) Obligation Shall also contribute to the expenses, provided he shall make use of the easement in any manner whatsoever Exception An agreement to the contrary When the place of the Easement may be changed by the Servient Estate (Art. 629) General Rule Exception The owner of the servient estate cannot impair, in any manner whatsoever the us the servitude The owner of the servient estate may change the place and the manner established for the use of the easement: 1. When the easement should become very inconvenient to the owner of the servient estate 2. When the easement should prevent the owner of the servient estate from making any important works, repairs or improvements thereon LIMITATIONS 1. At his own expense 2. He must offer another place or manner equally convenient 3. 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

How cured

When one or both of the two estates owned by one person is alienated and an easement is existing therein (Art. 624) General Rule The existence of an apparent sign shall be considered as a title in order that the easement may continue actively and passively Exceptions At the time the ownership of the two estates is divided: 1. The contrary is provided in the title of conveyance of either of them 2. The sign is removed before the execution of the deed The provision shall also apply in case of the division of a thing owned in common by two or more persons Grant of Necessary Rights (Art. 625) General Rule All rights necessary for the use of the easement is considered granted upon the establishment of the same Necessary rights include: 1. Repair 2. Maintenance 3. Accessory easements Voluntary Easements must be registered. No need for Legal Easements since they exist as a matter of law and necessity

Rights of the owner of the Servient Estate (Art. 630) Rights 1. Retains the ownership of the portion on which the easement is established 2. May use the same Must not affect the exercise of the easement

To prejudice third persons

Limitation

Section 4: Modes of Extinguishment of Easements How are Easements Extinguished? (Art.631 ) 1. Merger in the same person of the ownership of the dominant and servient estates 2. Non-user for 10 years Discontinuous Easements from the day they ceased to be used Continuous Easements from the day on which an act to the contrary took place 3. Impossibility of Use Requisites: 1. Either or both estates falls in the condition that the easement cannot be used 2. The subsequent condition of the estates should again permit its use 3. Upon the use of the easement becomes possible, the same will not be used for 10 years The easement is revived if the condition of the easement should again permit its use 4. Expiration of the term or the fulfillment of the condition Applies to temporary or conditional easements 5. Renunciation of the owner of the dominant estate 6. Redemption agreed upon between the owners of the dominant and servient estates MA: M I N E R R Other Causes for the Extinguishment of Easement 1. 2. 3. 4. 5. 6. Expropriation of the servient estate Permanent impossibility of use Annulment, rescission or cancellation of the title that constituted the easement Abandonment of the servient estate Redemption of a property sold a retro Registration of the servient estate as Free Exception: there is a stipulation to the contrary or

Limitations of the Dominant Estate (Art. 626) 1. 2. 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 Section 3: Rights and Obligations of the Owners of the Dominant and Servient Estates Making of Necessary Works to Use and Preserve the Easement Dominant Owner (Art. 627) Right Make on the servient estate any works necessary for the use and preservation of the servitude LIMITATIONS: 1. At his own expense 2. Without altering the easement 3. Without making the easement more burdensome Obligations 1. Notify the owner of the servient estate 2. Choose the most convenient time and manner so as to cause the least inconvenience to the owner of the servient estate Several Dominant Owners (Art. 628) Right Make on the servient estate any works necessary for the use and preservation of the servitude Obligation All owners shall contribute to the expenses in Exemption proportion to the benefits which each may derive from the work Those who do not wish to contribute may

Laws on Property Atty. Melissa Romana Suarez

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Provisions (Art. 613 Art. 693) Althea Mae P. Casador

7.

actual knowledge of the existence of the easement Opening of an adequate outlet to the highway Applies to Legal Easement only

Easement on Riparian Banks (Art. 638) Servient Estate Banks of rivers 1. Easement of public use in and streams the general interest of throughout navigation, floatage, fishing their entire and salvage length and within a zone of three meters along their margins Estates 1. Easement of tow path for adjoining the the exclusive service of river banks of navigation and floatage navigable or floatable rivers Dominant Public/Those Estate who may benefit ***Indemnity is necessary if for such purpose if it be necessary to occupy lands of private ownership Easement of Abutment of a Dam (Art. 639) Servient Estate 1. The bank 2. The lands which must support the dam 1. Allow and respect the easement

Prescription of the form or manner of using the easement (Art. 632) Voluntary Easement Legal Easement Easement itself Form and manner of using it Easement itself Form and manner of using it May prescribe May prescribe GR: Do not prescribe EXC: Natural drainage May prescribe

Prescription if Dominant estate belongs to several persons in common (Art. 633) The use of the easement by any one of them prevents prescription with respect to the others. Chapter 2: Legal Easements Section 1: General Provisions Legal Easements (Art. 634) Definition Easements imposed by law, which have for their object either public use or the interest of private persons 1. Easements relating to water 2. Right of way 3. Party wall 4. Light and view 5. Drainage 6. Intermediate distances 7. Easements against nuisance 8. Lateral and subjacent support

Examples

Dominant Estate

What law shall govern? Public or Communal Easements (Art. 635) Easements for Private Interests (Art. 636) 1. 2. 1. Special laws and regulations Civil Code Agreement of interested parties provided not prohibited by law nor prejudicial to third persons General or local laws and ordinances for the general welfare Civil Code

1. Construct the dam at the servient estate owners expense 2. Pay the proper indemnity Purpose 1. Diversion or taking of water from a river or brook 2. Use of any other continuous or discontinuous stream ***Indemnity is necessary Easement for Drawing Water and for Watering Animals (Art. 641) Servient Estate 1. Allow people to draw water 2. Allow people to water animals 3. Allow passage to persons and animals to the place where such easements are to be used Dominant Town or 1. Payment of proper Estate village indemnity Applicability: Public use in favor of a town or village (Art. 640) ***Indemnity is necessary and must include the accessory Easement of Aqueduct (Art. 642) Servient Estate 1. Intervening Estates BUT: 1.Can close or fence the estate 2. Can build over the aqueduct PROVIDED: 1. Aqueduct is not damaged 2. Necessary repairs and cleanings are not rendered impossible (Art. 645) 1. Indemnify owners of intervening and lower estates Allow water to flow through the property Receive descending water Land where water source is located

The property who will be benefited

2.

3.

Section 2: Easements Relating to Waters Legal Easements Relating to Waters 1. 2. 3. 4. 5. 6. 7. Natural drainage of lands Natural drainage of buildings Easement on riparian banks for navigation, floatage, fishing, salvage Easement of a dam Easement of drawing water or for watering animals Easement of aqueduct Easement for the construction of a stop lock or sluice gate

1. Lower Estates

Legal Easement of Natural Drainage of Lands (Art. 637) Servient Estate 1. Obliged to receive the waters, stones or earth which naturally and without the intervention of man, descend from the higher estates 2. Cannot construct works which will impede this easement Dominant Higher estates 1. Cannot make works which Estate will increase the burden ***No need to indemnify the servient estate Lower estates

Dominant Estate

Estate benefited by the water

Laws on Property Atty. Melissa Romana Suarez

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Provisions (Art. 613 Art. 693) Althea Mae P. Casador

***Indemnity is necessary Requisites for the Legal Easement of Aqueduct (Art. 643) 1. 2. 3. 4. To prove that he can dispose of the water; To prove that the water is sufficient for the use for which it is intended; To show that the proposed right of way is the most convenient and the least onerous to third persons; To indemnify the owner of the servient estate in the manner determined by the laws and regulations

Shall be that which is sufficient for the needs of the dominant estate but may be changed from time to time. When Indemnity is not Necessary (Art. 652) Servient Estate Estates 1. Obliged to grant a right of surrounding way the dominant estate Dominant Estate 2. Entitled for a right of way Estate acquired by sale, exchange or partition which is surrounded by other estates owned by the vendor, exchanger or co-owner ***No indemnity is required Exception: In cases of simple donation, the donor shall be indemnified by the donee BUT: (Art. 653) Servient Estate Estate 3. May be demanded to acquired by grant a right of way sale, exchange or partition which is surrounded by other estates owned by the vendor, exchanger or co-owner Dominant Estates 4. May demand a right of Estate surrounded by way the servient estate ***Indemnity is required Exception: In cases of simple donation, the donor shall NOT be liable to indemnify the donee Ownership, Repairs, Taxes (Art. 654) Ownership Repairs Taxes Belongs to the SERVIENT estate Shall be paid by the DOMINANT estate Shall be paid by the SERVIENT estate but the DOMINANT estate shall have a proportionate share to the same Applicable only to permanent easement of right of way Extinguishment of the Easement of Right of Way (Art. 655) 1. 2. Opening of a new road The dominant estate joined another estate which abuts on a public road The owner of the servient estate: 1. May demand the extinguishment of the easement 2. Must return the indemnity received with no interest (the interest must considered as rent) PROVIDED: the public highway must substantially meet the needs of the dominant estate Temporary Easement of Right of Way (Art. 656) Servient Estate Estate through which the materials will be carried, or scaffolding or other objects shall be raised 1. Obliged to permit the act

Properties where Easement of Aqueduct cannot be imposed (Art. 644) 1. 2. 3. 4. 5. 6. Buildings Courtyards Annexes Outhouses Orchards Gardens

IMP: Easement of Aqueduct shall be considered as continuous and apparent (Art. 646) Easement to construct Stop Lock or Sluice Gate (Art. 647) Servient Estate Banks 1. May be demanded to permit the construction of a Stop Lock or a Sluice Gate

Dominant Estate

1. Construct the Stop Lock or Sluice Gate at his expense 2. Pay damages to the Servient owner Purpose: For irrigation and improvement ***Damages must be paid IMP: Civil Code provisions on Easements of Waters Prevail over Special Laws concerning the establishment, extent, form and conditions of the servitudes (Art. 648) Section 3: Easement of Right of Way What is an Easement of Right Way? (Art. 649) Servient Estate Neighboring estates 1. Allow and respect the easement

Estates irrigated or improved

Dominant Estate

An estate surrounded by other immovables owned by another

2. Demand a right of way through the servient estate 3. Pay proper indemnity PERMANENT PASSAGE TEMPORARY PASSAGE

Who can demand for the easement?

Pay the Pay the value of the damages land caused by occupied the and the encumbrance amount of the damage caused The owner or anyone who has a real right therein

Requisites for the Easement 1. 2. 3. 4. 5. 6. The property is surrounded by estates of others; There is no adequate outlet to a public highway; There must be a payment of the proper indemnity; It must be established at the point least prejudicial to the servient estate; (Art. 650) The isolation must not be due to the proprietors own acts Demandable only by the owner or one with a real right

Width of the Path

Laws on Property Atty. Melissa Romana Suarez

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Provisions (Art. 613 Art. 693) Althea Mae P. Casador

Dominant Estate

Estate where a building is being constructed, repaired, improved, altered or beautified

2. Pay the proper indemnity for the damage caused

3. Whenever the entire wall is built within the boundaries of one of the estates;

Easement of Right of Way for the Passage of Livestock (Art. 657) Applicability Right of way for the passage of livestock known as animal path, animal trail or any other, and those for watering places resting places resting places and animal folds 1. Ordinances and regulations relating thereto 2. Usages and customs of the place Easements to a watering place for animals shall be governed by the Civil Code Section on Easement of Right of way and Articles 640 and 641 Animal Path Animal Trail Watering place for animals Shall not Shall not 10 meters exceed 75 exceed 37 meters meters and 50 centimeters

Governing Law

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;

Width

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;

Section 4: Easement of Party Wall What Laws Govern Easements of Party of Wall (Art. 658) 1. 2. 3. Provisions of this Title Local ordinances and customs Rules of co-ownership

Presumption of the Existence of a Party Wall (Art. 659) When will the presumption arise? 1. In dividing walls of adjoining buildings up to the point of common elevation 2. In dividing walls of gardens or yards situated in cities, towns, or in rural communities 3. In fences, walls and live hedges dividing rural lands. 1. Title to the contrary 2. Exterior signs 3. Proof to the contrary

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;

How to rebut the presumption?

What are Exterior Signs (Art. 660) 1. Whenever in the dividing wall of buildings there is a window or opening;

7. Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed.

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;

***Ownership belongs to the owner of the property which has in its favor the presumption based on any one of these signs.

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Provisions (Art. 613 Art. 693) Althea Mae P. Casador

Party Ditches or Drains (Art. 661) General Rule Exception Ditches or drains opened between two estates are common to both 1. There is a title to the contrary 2. There is a sign showing the contrary i.e. The earth or dirt removed to open the ditch or to clean it is only on one side thereof

Positive and Negative Easement of Light and View (Art. 668) The period of prescription for the acquisition of an easement of light and view shall be counted: Positive From the time of the opening of the window, if it is through a party wall Negative From the time of the formal (notarial) prohibition upon the proprietor of the adjoining land or tenement, if the window is through a wall on the dominant estate Rule on Regular/Full Windows (Art. 670) General Rule No windows, apertures, balconies, or other similar projections which afford a direct or side views upon or towards an adjoining land or tenement can be made Exceptions Direct If a distance of Measured from view two meters the outer line between the of the wall wall in which when the they are made openings do and the not project contiguous and from the property is outer line of made latter when they do (Art. 671) Side or If there be a Measured from oblique distance of the dividing view sixty line between centimeters the two properties (Art. 671) ***The non observance of these distances does not give rise to prescription ***Not applicable to buildings separated by a public way or alley which is not less than three meters wide (Art. 672) Restricted Windows (Art. 699) General Rule When the distances in Article 670 are not observed, the owner to a wall which is not a party wall, adjoining a tenement or piece of land belonging to another, can make in it openings to admit light 1. It must be at the height of the ceiling joists or immediately under the ceiling 2. The maximum size of the opening must be thirty centimeters square 3. It must have an iron grating imbedded in the wall and with a wire screen 1. He can close the opening should he acquire part-ownership thereof Exception If there is a stipulation to the contrary 2. He can obstruct the light by: 1. Constructing a building on his land 2. Raising a wall thereon contiguous to the opening Exception Unless an easement of light has been acquired

Cost of Repairs, Construction and Maintenance (Art. 662) General Rule Shall be borne by all the owners of the lands or tenements having the party wall in their favor, in proportion to the rights of each Any owner may exempt himself from contributing to this charge by renouncing his part-ownership When the party wall supports a building belonging to him

Exception

Exception to the Exception

Demolition of a Building Supported by the Party Wall (Art. 663) General Rule Provided An owner of a building supported by a party may demolish the building 1. He renounces his part-ownership of the wall 2. He pays 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

Increasing the Height of a Party Wall (Art. 664) General Rule Provided Every owner may increase the height of the party wall 1. He must do so at his own expense 2. He must pay for any damage which may be caused by the work, even though the damage be temporary 3. He must pay for the expenses of maintaining the wall in the part newly raised or deepened at its foundation 4. He must pay for the indemnity for the increased expenses which may be necessary for the preservation of the party wall by reason of greater height or depth which has been given it If the party wall cannot bear the increased height, the owner desiring to raise shall be obliged: 1. To reconstruct it at his own expense 2. To give the space required from his own land, should it be necessary to make the wall thicker He will be the exclusive owner of the additions The other owners may acquire the right of part-ownership of the additions by paying proportionally or the value of the work at the time of the acquisition and of the land used for its increased thickness (Art. 665)

Restrictions

Provided further

What can the owner of the adjacent property do?

Consequence Exception

Use by the Co-owners of the Wall (Art. 666) General Rule Every part-owner of a party wall may use it in proportion to the right he may have in the co-ownership He does so without interfering with the common and respective uses by the other co-owners

When a Right has been Acquired to have Direct Views (Art.673) Whenever by any title a right has been acquired to have direct views, balconies or belvederes overlooking an adjoining property General Rule The owner of the servient estate cannot build thereon at less than a distance of three meters How In the manner provided in Article 671 measured? ***Any stipulation permitting distances less than those prescribed in Article 670 is void Section 6: Drainage of Buildings Restrictions to an Easement of Drainage of Buildings (Art. 674)

Provided

Section 5: Easement of Light and View Prohibition to Make an Opening thru a Party Wall (Art. 667) General Rule Exception No part owner may open through the party wall any window or aperture of any kind Other co-owners gives their consent

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Provisions (Art. 613 Art. 693) Althea Mae P. Casador

Obligations of the owner of the building

1. Construct its roof or covering in such a manner that the rain wster shall fall on his own land or on a street or public place, and not on the land of his neighbor ***applies even if the adjacent land may be partly owned by the owner of the building 2. If the water should fall on his own land, the owner shall be obliged to collect the water in such a way as not to cause damage to the adjacent land or tenement

If trees are planted at a shorter distance ***provisions of this article also apply to trees which have grown spontaneously

from the dividing line of the estates if tall trees are planted b. At a distance of at least fifty centimeters if shrubs or small trees are planted The owner of the adjacent property can demand that the tree be uprooted

Rights of the Tenement or Land Subject to the Easement of Receiving Water Falling from the Roof (Art. 675) The owner of the land or tenement subject to the easement of receiving the water falling from roofs, may: 1. Builld in such a manner as to receive the water upon his own roof or give it another outlet PROVIDED 1. He does so in accordance with local ordinance or customs 2. He does so in such a way as not to cause any nuisance or damage whatever to the dominant estate When an Easement of Drainage can be Demanded (Art. 676) When can an Easement of Drainage be demanded? Whenever a yard or court of a house is surrounded by other houses, and it is not possible to give an outlet through the house itself to the rain water collected thereon 1. The outlet must be at the point of easiest egress 2. The establishment of the drainage must cause the least damage to the servient estate 3. Proper indemnity must be paid

Rules on Intrusions or Extensions of Branches and Roots (Art. 680) If the branches of any tree should extend over a neighboring estate The owner of the estate have the right to demand that they be cut off insofar as they may spread over his property The owner of the land may cut them off himself

If the roots of a neighboring tree which should penetrate into the land of another Rules as to Fruits (Art. 681)

Those naturally falling upon adjacent land belong to the owner of said land Section 8: Easement Against Nuisance Easement against Nuisance (Art. 682) Prohibition Committing nuisance through noise, jarring, offensive odor, smoke, heat, dust, water, glare and other causes Every building or piece of land

Conditions

Subject of the Prohibitions

Maintenance of Factories and Shops (Art. 683) General Rule Provided Factories and shops may be maintained 1. The least possible annoyance is caused to the neighborhood 2. Done subject to zoning, health, police and other laws and regulations

Section 7: Intermediate Distances and Works for Certain Constructions and Plantings Constructions and Plantings Near Fortified Places (Art. 677) General Rule Provided Constructions can be built or plantings can be made near fortified places or fortresses There must be compliance with the conditions required in special laws, ordinances, and regulations relating thereto

Section 9: Lateral and Subjacent Support Main Prohibition No proprietor shall make excavations upon his land as to deprive any adjacent land or building of sufficient lateral or subjacent support (Art. 684) Any stipulation or testamentary provision allowing excavations that cause danger to an adjacent land or building (Art. 685) Applies to buildings standing at the time the excavations are made but also for constructions that may be erected (Art. 685) Notify all owners of adjacent lands (Art. 687)

Construction of Aqueduct, Well, Sewers, etc. (Art. 678) General Rule Any person can build any aqueduct, well, sewer, furnace, forge, chimney, stable, depositary or corrosive substances, machinery, or factory which by reason of its nature or products is dangerous or noxious Provided 1. Distances prescribed by the regulations and customs of the place must be observed 2. Necessary protective works must be made, subject to the conditions prescribed by such regulations 3. In the absence of such regulations, precautions shall be taken as may be considered necessary ***These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors Rules on Planting Trees (Art. 679) General Rule Provided Trees can be planted on ones land 1. Trees are planted at a distance authorized by the ordinances or customs of the place 2. In the absence ordinances and customs: a. At a distance of at least two meters

Void Stipulation

Applicability

Duty of the Person Planning to make an Excavation

Chapter 3: Voluntary Easements Voluntary Easements (Art. 688) General Rule Every owner of a tenement or piece of land may establish thereon the easements which he may deem suitable, and in the manner and form which he may deem best He does not contravene the laws, public policy or public order

Provided

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Provisions (Art. 613 Art. 693) Althea Mae P. Casador

Right of a Naked Owner if another has Usufructuary Rights over the same (Art. 689) General Rule The naked owner may impose upon the estate any servitudes without the consent of the usufructuary The servitude will not injure the right of usufruct

Lapse of time cannot legalize any nuisance whether public or private. Remedies against a Public Nuisance (Art. 699) 1. A prosecution under the Penal Code or any Local Ordinance; or 2. A civil action; or 3. Abatement, without judicial proceedings Duty of the District Health Officer

Provided

Right of a Naked Owner if another has Beneficial Ownership (Art. 690) General Rule Exception No perpetual voluntary easement may be established thereon Both owners consents to the same

1. He shall take care that one or all of the remedies against a public nuisance are availed of (Art. 700) 2. He shall determine whether or not abatement, without judicial proceedings, is the best remedy (Art. 702) Who shall Commence the Action

Easement on a Co-owned Property (Art. 691) In order to impose an easement on an undivided property: 1. Consent of all the co-owners shall be required 2. Consent given by some must be held in abeyance until the last one expresses his conformity 3. Once consent is given, it is binding to the grantor and his successors What Law Determines the Rights if the Dominant Estate and the Obligations of the Servient Estate (Art. 692) If acquired by title If acquired by possession 1. Title 2. Civil Code 1. The form and manner in which it had been acquired (see: Art. 626) 2. Civil Code General Rule Exception The City or Municipal Mayor (Art. 701) A private individual if the nuisance is specifically injurious to himself (Art. 703) HOW? 1. By removing the thing 2. By destroying the thing PROVIDED 1. There will be no breach of peace 2. Unnecessary injury will not be done PRE1. That demand be first made REQUISITES upon the owner or the possessor of the property to abate the nuisance 2. That such demand has been rejected 3. That the abatement be approved by the District Health Officer and executed with the assistance of the local police 4. That the value of the destruction does not exceed three thousand pesos (Art. 704)

Rule on Renunciation (Art. 693) Applicability If the owner of the servient estate bound himself to bear the cost of the work required for the use and preservation thereof Renounce his property to the owner of the dominant estate TITLE VIII. NUISANCE Nuisance Defined (Art. 694) Any act, omission, establishment, business, condition of property, or anything else which: 1. Injures or endangers the health or safety of others; or 2. Annoys or offends the senses; or 3. Shocks, defies or disregards decency or morality; or 4. Obstructs or interferes with the free passage of any public highway or street, or any body of water; or 5. Hinder or impairs the use of property Classification of Nuisances (Art. 695) Public Affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal That which is NOT public

How to free himself?

Remedies against Private Nuisances (Art. 705) 1. A civil action; or 2. Abatement, without judicial proceedings Extrajudicial Abatement of a Private Nuisance (Art. 706) 1. By removing 2. By destroying PROVIDED 1. There will be no breach of peace 2. Unnecessary injury will not be done 3. The procedure for extrajudicial abatement of a public nuisance by a private person be followed Liability for Damages in Extrajudicial Abatement (Art. 707) Applicability When? 1. A private person 2. A public official 1. If he causes unnecessary injury; or 2. If an alleged nuisance is later declared by the courts to be not a real nuisance

Private

Who is Liable for the Abatement of the Nuisance (Art. 696) 1. The one who created the nuisance 2. Every successive owner or possessors PROVIDED he knowingly fails or refuses to abate a nuisance in that property Abatement and Damages (Art. 697) The abatement of the nuisances does not preclude any persons injured to recover damages for its past existence. Effect of Lapse of Time (Art. 698)

BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP TITLE III. DONATION Chapter 1: Nature of Donations