PROPERTY REVIEWER

EASEMENTS

Jose Rizal University - College of

Law
9/15/2018
 EASEMENTS  ARTICLE 615 – KINDS OF EASEMENT (IMPORTANT)
Easements may be CONTINUOUS OR
 ARTICLE 613 – EASEMENT DISCONTINUOUS, APPARENT OR NONAPPARENT.
CONTINUOUS EASEMENTS are those the use of which
An EASEMENT OR SERVITUDE is an encumbrance IMPOSED is or may be incessant, without the intervention of any act of
UPON AN IMMOVABLE for the benefit of another immovable man.
belonging to a different owner. DISCONTINUOUS EASEMENTS are those which are
used at intervals and depend upon the acts of man.
The immovable in favor of which the easement is established is called APPARENT EASEMENTS are those which are made
the DOMINANT ESTATE; that which is subject thereto, the known and are continually kept in view by external signs that
SERVIENT ESTATE. reveal the use and enjoyment of the same.
NONAPPARENT EASEMENTS are those which show
 ARTICLE 614 – SERVITUDES no external indication of their existence.
Servitudes may also be established FOR THE BENEFIT OF A
COMMUNITY, or OF ONE OR MORE PERSONS TO WHOM  ARTICLE 616 – POSITIVE OR NEGATIVE EASEMENT
THE ENCUMBERED ESTATE DOES NOT BELONG. Easements are also POSITIVE OR NEGATIVE.
A POSITIVE EASEMENT is one which imposes upon
***Easement and Servitude interchangeably, they are not, strictly the owner of the servient estate the obligation of allowing
speaking, synonymous. something to be done or of doing it himself, and a
NEGATIVE EASEMENT, that which prohibits the owner of
***Easement – refers to the right enjoyed by one; the servient estate from doing something which he could
***Servitude – refers to the burden imposed upon the other; lawfully do if the easement did not exist.
DIFFERENT CLASSES OF EASEMENTS:
***Easement are but the two aspects of the same concept; 1.) As to RECEPIENT OF BENEFIT:
***Easement is a REAL RIGHT; the right consists of a limited use a) Real- when the easement is in favor of another immovable;
and enjoyment of the thing without possession and gives rise to an b) Personal- when it is in favor of a community, or of one or
ACTION IN REM in favor of the owner of the tenement of the more persons to whom the encumbered estate does not belong
easement and against any possessor of the servient estate; 2.) As to SOURCE:
***Unlike Lease, an Easement does not give its holder a right of a) LEGAL – established by law; for public use or the interest of
possession over the property, but only a right of use for a special and private persons;
limited purpose. b) VOLUNTARY – established by will of the owners
***Inasmuch as every easement or servitude is a limitation upon one’s 3.) As to its EXERCISE:
ownership, it follows that no man has a right of servitude in a thing of a) CONTINUOUS – those the use of which is or may be
which he is the owner: Nulli res sua servit. incessant, without the intervention of any act of man;
***If there is a merger in the same person of the ownership of the b) DISCONTINUOUS – those which are used at intervals and
dominant and servient estates, the easement is extinguished depend upon the acts of man;
c) APPARENT – those which are made known and are
continually ket in view by external signs that reveal the use and
enjoyment of the same;
 d) NON-APPARENT – those which show no external indication 5. It is inseparable from the estate to which it actively or passively
of their existence; belongs;
e) POSITIVE EASEMENTS – those which impose upon the 6. It is INDIVISIBLE.
owner of the servient estate the obligation of allowing Solid Manila Corp. v. Bio Hong Trading Co. 195 SCRA 748 (1991)
something to be done or of doing it himself; When Bio Hong Trading Co. (BHTC) acquired a parcel of land from its prior owner, the same
f) NEGATIVE EASEMENTS – those which prohibit the owner has already been subject to an easement of right of way in favor of the public. Subsequently,
of the servient estate from doing something which he could the buyer BHTC constructed steel gates across the alley (to which the encumbrance was
imposed) thereby precluding unhampered use thereof. Because of such closure, Solid Manila
lawfully do if the easement did not exist. Corp. (SMC) fi led an injunction case against BHTC claiming that ever since, it had (as well
***Example of CONTINUOUS EASEMENT is the EASEMENT as other residents of neighboring estates) made use of the above private alley and maintained
OF LIGHT AND VIEW; and contributed to its upkeep. When the case reached the Court of Appeals, the appellate court
***RIGHT OF WAY is an example of a DISCONTINUOUS held that since the buyer BHTC acquired title to the property and the alley, there was a merger
which resulted in the extinguishment of the easement. SMC, however, claimed that the sale in
EASEMENT; favor of BHTC excluded the alley. The Supreme Court ruled in favor of SMC. The Court
***It is the presence of physical or visual signs that classifies an explained —
easement into APPARENT OR NAN-APPARENT; It is true that the sale did include the alley. On this score, the Court rejects the petitioner’s
***An easement can never consist in a personal prestation to do contention that the deed of sale‘excluded’ it, because as a mere right-of-way, it can not be
on the part of the owner of the servient estate; the obligation imposed separated from the tenement and maintain an independent existence. Thus:
Art. 617. Easements are inseparable from the estate to which they actively or
upon him is always negative. passively belong.
Servitudes are merely accessories to the tenements of which they form part. Although they are
 ARTICLE 617 – INSEPARABILITY OF EASEMENT possessed of a separate juridical existence, as mere accessories, they can not, however, be
EASEMENTS ARE INSEPARABLE from the estate to which they alienated from the tenement, or mortgaged separately.
The fact, however, that the alley in question, as an easement, is inseparable from the main lot
actively or passively belong. is no argument to defeat the petitioner’s claims, because as an easement precisely, it operates
as a limitation on the title of the owner of the servient estate, specifi cally, his right to use (jus
 ARTICLE 618 – INDIVISIBILITY OF EASEMENT utendi).
Hence, and so we reiterate, albeit the private respondent did acquire ownership over the
EASEMENTS ARE INDIVISIBLE. If the servient estate is divided property –– including the disputed alley –– as a result of the conveyance, it did not acquire the
right to close that alley or otherwise put up obstructions thereon and thus prevent the public
between two or more persons, the easement is not modified, and each from using it, because as a servitude, the alley is supposed to be open to the public.
of them must bear it on the part which corresponds to him. The Court is furthermore of the opinion, contrary to that of the Court of Appeals, that
no genuine merger took place as a consequence of the sale in favor of the private respondent
If it is the dominant estate that is divided between two or more corporation. According to the Civil Code, a merger exists when ownership of the dominant
persons, each of them may use the easement in its entirety, without and servient estates is consolidated in the same person. Merger then, as can be seen, requires
full ownership of both estates.
changing the place of its use, or making it more burdensome in any One thing ought to be noted here, however. The servitude in question is a personal
other way.  servitude, that is to say, one constituted not in favor of a particular tenement (a real servitude)
but rather, for the benefi t of the general public.
CHARACTERISTICS OF EASEMENTS:
1. It is a REAL RIGHT;
2. It is a RIGHT imposed over ANOTHER PROPERTY;  ARTICLE 619 – SOURCE OF EASEMENT
3. It is a LIMITATION UPON THE SERVIENT OWNER’s right Easements are established either by law or by the will of the owners.
of ownership; The former are called LEGAL and the latter VOLUNTARY
4. It is a RIGHT CONSTITUTED OVER AN IMMOVABLE; EASEMENTS.
 MODES OF ACQUIRING EASEMENTS continuous easement because its use is at intervals and depends upon
the acts of man. It can be exercised only if a man passes or puts his
 ARTICLE 620 – ACQUISITION OF CONTINUOUS AND feet over somebody else’s land. Hence, A RIGHT OF WAY IS NOT
APPARENT EASEMENT ACQUIRABLE BY PRESCRIPTION.

CONTINUOUS AND APPARENT EASEMENTS are ***If the easement is both continuous and apparent, it may be
acquired either by virtue of a TITLE or BY acquired by virtue of prescription within a period of ten (10) years.
PRESCRIPTION OF TEN YEARS. (537a) The COMMENCEMENT OF THE TEN-YEAR PERIOD OF
PRESCRIPTION will depend on whether the easement is positive or
 ARTICLE 621 –COMPUTATION OF TIME OF negative, as follows:
POSSESSION (IMPORTANT) (a) If the EASEMENT IS POSITIVE, the 10-year period is
counted from the day on which the owner of the dominant estate, or
In order to acquire by prescription the easements referred to in the person who may have made use of the easement, commenced to
the preceding article, the TIME OF POSSESSION shall be exercise it upon the servient estate; or
computed thus: in POSITIVE EASEMENTS, from the day (b) If the EASEMENT IS NEGATIVE, the 10-year period is
on which the owner of the dominant estate, or the person who counted from the day on which the owner of the dominant estate
may have made use of the easement, commenced to exercise it forbade, by an instrument acknowledged before a notary public, the
upon the servient estate; and in NEGATIVE EASEMENTS, owner of the servient estate, from executing an act which would be
from the day on which the owner of the dominant estate lawful without the easement.
forbade, by an instrument acknowledged before a notary
public, the owner of the servient estate, from executing an act The foregoing principles are best explained if we are going to consider
which would be lawful without the easement. (538a) the acquisition of easement of light and view through prescription. At
the outset, it must be pointed out that a building may receive light in
 ARTICLE 622 – ACQUISITION ONLY BY TITLE various manners in the enjoyment of an easement of light, because the
openings through which the light penetrates may be made in one’s own
CONTINUOUS NONAPPARENT EASEMENTS, AND wall, in the wall of one’s neighbor, or in a party wall.
DISCONTINUOUS ONES, WHETHER APPARENT OR
NOT, may be acquired only by virtue of a title. (539)  ARTICLE 623 – PROOF OF EASEMENT

***TWO MODES OF ACQUIRING EASEMENTS: The absence of a document or proof showing the origin of an
1.) BY TITLE; easement which cannot be acquired by prescription may be
2.) BY PRESCRIPTION CURED by a DEED OF RECOGNITION BY THE
OWNER OF THE SERVIENT ESTATE or by a FINAL
***All kinds of easements whether continuous or discontinuous, JUDGMENT. (540a)
apparent or non-apparent, positive or negative, may be acquired by
title. ***The PRESUMPTION is always against the existence of an
***Only continuous and apparent easements may be acquired by easement for “PROPERTY IS ALWAYS PRESUMED FREE
virtue of prescription. FROM ANY AND ALL ENCUMBRANCES”.
***An easement of right of way may be apparent but it is not a
***If the EASEMENT IS ACQUIRED THROUGH easement is established by a person different from the
PRESCRIPTION, necessarily THERE IS NO DOCUMENT owner;
EVIDENCING ITS EXISTENCE and the same MAY ONLY BE 4. That the ownership over the two estates is later on divided,
ESTABLISHED IN A JUDICIAL PROCEEDING THROUGH either by alienation or partition;
PREPONDERANCE OF EVIDENCE. 5. That at the time of division of ownership, nothing is stated
***If the EASEMENT, however, is one which CANNOT be in the document of alienation or partition contrary to the
acquired through prescription and there is no document evidencing easement nor is the sign of the easement removed before
the same, or such document is no longer available for whatever reason, the execution of the document.
the ABSENCEOF SUCH PROOF MAY BE CURED BY A DEED
OF RECOGNITION BY THE OWNER OF THE SERVIENT  ARTICLE 625 –EFFECTS OF ESTABLISHMENT OF
ESTATE. EASEMENT

 ARTICLE 624 –EASEMENT BY APPARENT SIGN OR Upon the establishment of an easement, all the rights
LEGAL PRESUMPTION (IMPORTANT) necessary for its use are considered granted. (542)

The existence of an apparent sign of easement between two  ARTICLE 626- PROHIBITION ON THE ONWER OF
estates, established or maintained by the owner of both, shall DOMINANT ESTATE
be considered, should either of them be alienated, as a title in
order that the easement may continue actively and passively, The owner of the dominant estate CANNOT use the
unless, at the time the ownership of the two estates is divided, easement EXCEPT for the benefit of the immovable
the contrary should be provided in the title of conveyance of originally contemplated. Neither can he exercise the easement
either of them, or the sign aforesaid should be removed before in any other manner than that previously established. 
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. (541a) RIGHTS AND OBLIGATIONS OF THE OWNERS OF THE
DOMINANT AND SERRVIENT ESTATES
***It should be noted that while Article 624 declares that the easement
is to “continue” the easement actually arises for the fi rst time only  ARTICLE 627 –EFFECT OF EASEMENT UPON THE
upon alienation of either estate, inasmuch as before that time there is RIGHTS OF SERVIENT ESTATE
no easement to speak of, there being but one owner of both estates.
***Easement is not created till the division of the property. The OWNER OF THE DOMINANT ESTATE may make, at his
REQUISITES FOR ACQUISITION OF EASEMENT UNDER own expense, on the servient estate any works necessary for the use
ARTICLE 624: and preservation of the servitude, but without altering it or
1. That there exist an apparent sign of servitude between two rendering it more burdensome.
estates;
2. That at the time of the establishment of such sign, the For this purpose he shall notify the owner of the servient estate, and
ownership of the two estates resides in one person; shall choose the most convenient time and manner so as to cause the
3. That the sign of the easement be established by the owner least inconvenience to the owner of the servient estate. (543a)
of both estates because the article will not apply when the
REQUIREMENTs: EXPENSE, PROVIDED he offers another place or manner equally
(1) The work must be necessary for the use and preservation of the convenient and in such a way that no injury is caused thereby to the
servitude; owner of the dominant estate or to those who may have a right to the
(2) The work is done at the expense of the owner of the dominant use of the easement. (545)
estate;
(3) The work can be done without altering the servitude or rendering it  ARTICLE 630 – RIGHT OF THE OWNER OF
more burdensome; SERVIENT ESTATE
(4) The owner of the servient estate is fi rst notifi ed of the intended
work; and The OWNER OF THE SERVIENT ESTATE RETAINS the
(5) The time and manner of making the work should be the most ownership of the portion on which the easement is established, and
convenient to the owner of the servient estate or it is done in such a may use the same in such a manner as not to affect the exercise of
manner that it causes the least inconvenience to the owner of the the easement.
servient estate.
***When the easement has been established in a general way,
 ARTICLE 628 – SEVERAL DOMINANT ESTATES WITHOUT ANY SPECIFIC PURPOSE, it can be used for all the
needs of the dominant estate, and may be adopted to any new
Should there be several dominant estates, the owners of all of modification in the tenement itself.
them shall be obliged to contribute to the expenses referred to in the
preceding article, in proportion to the benefits which each may MODES OF EXTINGUISHMENT OF EASEMENTS
derive from the work. Anyone who does not wish to contribute may
exempt himself by renouncing the easement for the benefit of the  ARTICLE 631 – WAYS TO EXTINGUISH EASEMENT
others. (MNECRR)

If the OWNER OF THE SERVIENT ESTATE SHOULD MAKE Easements are extinguished:
USE OF THE EASEMENT in any manner whatsoever, he shall also
be obliged to contribute to the expenses in the proportion stated, (1) By MERGER IN THE SAME PERSON of the ownership of the
saving an agreement to the contrary. (544) dominant and servient estates;

 ARTICLE 629 – NON – IMPAIRMENT ON THE USE OF (2) By NONUSER FOR TEN YEARS; with respect to discontinuous
SERVITUDE easements, this period shall be computed from the day on which they
ceased to be used; and, with respect to continuous easements, from the
The owner of the servient estate CANNOT IMPAIR, in any manner day on which an act contrary to the same took place;
whatsoever, THE USE OF THE SERVITUDE.
(3) WHEN EITHER OR BOTH OF THE ESTATES FALL INTO
Nevertheless, if by reason of the place originally assigned, or of the SUCH CONDITION THAT THE EASEMENT CANNOT BE
manner established for the use of the easement, the same should USED; but it shall revive if the subsequent condition of the estates or
become very inconvenient to the owner of the servient estate, or either of them should again permit its use, unless when the use
should prevent him from making any important works, repairs or becomes possible, sufficient time for prescription has elapsed, in
improvements thereon, it MAY BE CHANGED AT HIS accordance with the provisions of the preceding number;
(4) By the EXPIRATION OF THE TERM OR THE payment by the owner of the servient estate of the corresponding
FULFILLMENT OF THE CONDITION, if the easement is consideration to the owner of the dominant estate.
temporary or conditional;
 ARTICLE 632- FORM AND MANNER IN USING
(5) By the RENUNCIATION of the owner of the dominant estate; EASEMENT

(6) By the REDEMPTION AGREED UPON BETWEEN THE THE FORM OR MANNER OF USING THE EASEMENT may
OWNERS OF THE DOMINANT AND SERVIENT ESTATES. prescribe as the easement itself, and in the same way. (547a)
(546a)
 ARTICLE 633 – PREVENTION OF PRESCRIPTION
***In addition to the enumeration above, the following may
EXTINGUISH THE EASEMENT: If the dominant estate belongs to several persons in common, the
1. Annulment or Rescission of title constituting the easement; USE OF THE EASEMENT BY ANY ONE OF THEM
2. Termination of the right of the grantor; PREVENTS PRESCRIPTION with respect to the others. 
3. Abandonment of the servient estate;
4. Eminent Domain LEGAL EASEMENTS

***It is not necessary that the merger takes place to the full extent of  ARTICLE 634 – OBJECT OF LEGAL EASEMENT
the property, it being sufficient that the merger takes place with regard
to that part affected by the servitude or that part for the benefit of EASEMENTS IMPOSED BY LAW have for their object either
which the servitude was established. public use or the interest of private persons. (549)
***For easement to be extinguished under this mode, it is necessary
that the non-user must have lasted for a period of ten (10) years;  ARTICLE 635 – GOVERNING LAWS
***The computation of the 10-year period of extinctive prescription
shall depend on whether the easement is continuous or discontinuous; All MATTERS CONCERNING EASEMENTS ESTABLISHED
***If DISCONTINUOUS, the 10-year period is computed FOR PUBLIC OR COMMUNAL USE shall be governed by the
from the day on which the easement was not used; special laws and regulations relating thereto, and, in the absence
***If CONTINUOUS, the 10-year period is counted from the thereof, by the provisions of this Title. (550)
day on which an act contrary to the easement took place;
***If the dominant estate is under a state of co-ownership, the use  ARTICLE 636 – EASEMENT : PRIVATE PERSON FOR
of the easement by any of the co-owners will prevent the running of PRIVATE USE
the 10-year period of extinctive prescription by non-user;
***The renunciation of the easement by the owner of the dominant Easements established by law in the interest of private persons or
estate must be specific, clear and express. Hence, a tacit renunciation for private use shall be governed by the provisions of this Title,
will not be sufficient. without prejudice to the provisions of general or local laws and
***The redemption being referred to in paragraph 6 of Article 631 of ordinances for the general welfare.
the New Civil Code is the release of the servient estate from the
servitude upon agreement of the owners of both estates and upon
These easements may be modified by agreement of the interested If it be necessary for such purpose to occupy lands of private
parties, whenever the law does not prohibit it or no injury is suffered ownership, the proper indemnity shall first be paid. (553a)
by a third person.
 ARTICLE 639. EASEMENT OF ABUTMENT OF DAM
CLASSES OF PRIVATE LEGAL EASEMENTS:
1. Easement relating to waters; Whenever for the diversion or taking of water from a river or
2. Easement of right of way; brook, or for the use of any other continuous or discontinuous
3. Easement of party wall; stream, it SHOULD BE NECESSARY TO BUILD A DAM, and the
4. Easement of Light and View; person who is to construct it is not the owner of the banks, or lands
5. Easement of Drainage of Buildings; which must support it, he may establish the easement of abutment of a
6. Easement of Distance; dam, after payment of the proper indemnity. (554)
7. Easement of Nuisance;
8. Easement of lateral and subjacent support  ARTICLE 640 – EASEMENT OF DRAWING WATERS

EASEMENT RELATING TO WATERS Compulsory easements for drawing water or for watering animals
CAN BE IMPOSED ONLY for reasons of public use in favor of a
 ARTICLE 637 – EASEMENT OF DRAINAGE OF town or village, after payment of the proper indemnity. (555)
WATERS
 ARTICLE 641- EASEMENT OF DRAWING WATER:
LOWER ESTATES are OBLIGED to receive the waters which OBLIGATION OF OWNER OF SERVIENT ESTATES
naturally and without the intervention of man descend from the
higher estates, as well as the stones or earth which they carry with Easements for drawing water and for watering animals carry with
them. them the obligation of the owners of the servient estates to allow
passage to persons and animals to the place where such easements
The owner of the lower estate cannot construct works which will are to be used, and the indemnity shall include this service. (556)
impede this easement; neither can the owner of the higher estate make
works which will increase the burden. (552)  ARTICLE 642- EASEMENT OF AQUEDUCT

 ARTICLE 638 – EASEMENT FOR PUBLIC USE Any person who may wish to use upon his own estate any water of
which he can dispose shall have the right to make it flow through
The banks of rivers and streams, even in case they are of private the intervening estates, with the obligation to indemnify their
ownership, are subject throughout their entire length and within a owners, as well as the owners of the lower estates upon which the
zone of three meters along their margins, to the easement of public waters may filter or descend. (557)
use in the general interest of navigation, floatage, fishing and
salvage.  ARTICLE 643. – OBLIGATION OF A GRANTEE OF
EASEMENT OF AQUEDUCT
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.
One desiring to make use of the right granted in the preceding article is One who for the purpose of irrigating or improving his estate, has
obliged: to construct a stop lock or sluice gate in the bed of the stream from
which the water is to be taken, may demand that the owners of the
(1) To prove that he can dispose of the water and that it is sufficient for banks permit its construction, after payment of damages, including
the use for which it is intended; those caused by the new easement to such owners and to the other
irrigators. (562)
(2) To show that the proposed right of way is the most convenient and
the least onerous to third persons;  ARTICLE 648 – GOVERNNG LAW

(3) To indemnify the owner of the servient estate in the manner The establishment, extent, form and conditions of the servitudes of
determined by the laws and regulations. (558) waters, to which this section refers, shall be governed by the special
laws relating thereto insofar as no provision therefor is made in this
 ARTICLE 644. EASEMENT OF AQUEDUCT : PRIVATE Code.
INTEREST
***EASEMENT OF DRAINAGE OF WATERS - An easement
The EASEMENT OF AQUEDUCT for private interest cannot be exists when, based on the physical condition of two estates, waters
imposed on buildings, courtyards, annexes, or outhouses, or on descend naturally and without the intervention of man from a higher
orchards or gardens already existing. (559) estate (the dominant estate) to a lower estate (the servient estate).
***EASEMET OF AQUEDUCT - If a person wishes to use upon his
 ARTICLE 645 – EASEMENT OF AQUEDUCT : RIGHT estate any water of which he can dispose, he shall have the right to
TO CLOSE OR FENCE make it flow through intervening estates.
REQUISITES FOR EASEMENT OF AQUEDUCT:
The easement of aqueduct does not prevent the owner of the (1) That he who wants to establish the easement of aqueduct must be
servient estate from closing or fencing it, or from building over the able to prove that he can dispose of the water;
aqueduct in such manner as not to cause the latter any damage, or (2) He must also prove that it is suffi cient for the use for which it is
render necessary repairs and cleanings impossible. (560) intended;
(3) The proposed right of way is the most convenient and the least
 ARTICLE 646. EASEMENT OF AQUEDUCT: onerous to third persons affected; and
CONTINUOUS AND APPARENT (4) He must indemnify the owners of the servient estates (intervening
estates), as well as the owners of the lower estates upon which the
For legal purposes, the EASEMENT OF AQUEDUCT SHALL BE waters may filter or descend.
CONSIDERED AS CONTINUOUS AND APPARENT, even ***For legal purposes, the easement of aqueduct shall be considered
though the flow of the water may not be continuous, or its use depends as continuous and apparent, even though the flow of the water may not
upon the needs of the dominant estate, or upon a schedule of alternate be continuous, or its use depends upon the needs of the dominant
days or hours. (561) estate, or upon a schedule of alternate days or hours.
***An easement of aqueduct may be acquired either by title or by
 ARTICLE 647 – RIGHT TO CONSTUCT STOP LOCK prescription.
OR SLUICE GATE
 EASEMENT OF RIGHT OF WAY The width of the easement of right of way shall be that which is
sufficient for the needs of the dominant estate, and may accordingly be
 ARTICLE 649. changed from time to time. (566a)

The OWNER, OR ANY PERSON who by virtue of a real right  ARTICLE 652.
may CULTIVATE OR USE ANY IMMOVABLE, which is
SURROUNDED BY OTHER IMMOVABLES PERTAINING TO Whenever a piece of land acquired by sale, exchange or partition, is
OTHER PERSONS AND WITHOUT ADEQUATE OUTLET TO surrounded by other estates of the vendor, exchanger, or co-owner, he
A PUBLIC HIGHWAY, is entitled to demand a right of way shall be obliged to grant a right of way without indemnity.
through the neighboring estates, after payment of the proper
indemnity. In case of a simple donation, the donor shall be indemnified by the
donee for the establishment of the right of way. (567a)
Should this EASEMENT BE ESTABLISHED IN SUCH A
MANNER THAT ITS USE MAY BE CONTINUOUS FOR ALL  ARTICLE 653.
THE NEEDS OF THE DOMINANT ESTATE, establishing a
permanent passage, the indemnity shall consist of the value of the In the case of the preceding article, if it is the land of the grantor that
land occupied and the amount of the damage caused to the servient becomes isolated, he may demand a right of way after paying an
estate. indemnity. However, the donor shall not be liable for indemnity. (n)

In case the right of way is limited to the necessary passage for the  ARTICLE 654.
cultivation of the estate surrounded by others and for the gathering of
its crops through the servient estate without a permanent way, the If the right of way is permanent, the necessary repairs shall be made
indemnity shall consist in the payment of the damage caused by such by the owner of the dominant estate. A proportionate share of the taxes
encumbrance. shall be reimbursed by said owner to the proprietor of the servient
estate. (n)
This easement is not compulsory if the isolation of the immovable
is due to the proprietor’s own acts. (564a)  ARTICLE 655.

 ARTICLE 650. If the right of way granted to a surrounded estate ceases to be

necessary because its owner has joined it to another abutting on a
The easement of right of way shall be established at the point least public road, the owner of the servient estate may demand that the
prejudicial to the servient estate, and, insofar as consistent with this easement be extinguished, returning what he may have received by
rule, where the distance from the dominant estate to a public highway way of indemnity. The interest on the indemnity shall be deemed to be
may be the shortest. (565) in payment of rent for the use of the easement.

 ARTICLE 651. The same rule shall be applied in case a new road is opened giving
access to the isolated estate.
In both cases, the public highway must substantially meet the needs of
the dominant estate in order that the easement may be extinguished.
(568a)

 ARTICLE 656.

If it be indispensable for the construction, repair, improvement,

alteration or beautification of a building, to carry materials through the
estate of another, or to raise therein scaffolding or other objects
necessary for the work, the owner of such estate shall be obliged to
permit the act, after receiving payment of the proper indemnity for the
damage caused him. (569a)

 ARTICLE 657.

Easements of the right of way for the passage of livestock known as

animal path, animal trail or any other, and those for watering places,
resting places and animal folds, shall be governed by the ordinances
and regulations relating thereto, and, in the absence thereof, by the
usages and customs of the place.

Without prejudice to rights legally acquired, the animal path shall not
exceed in any case the width of 75 meters, and the animal trail that of
37 meters and 50 centimeters.

Whenever it is necessary to establish a compulsory easement of the

right of way or for a watering place for animals, the provisions of this
Section and those of articles 640 and 641 shall be observed. In this
case the width shall not exceed 10 meters.