Legal Easements

easements imposed or mandated by law and which have for their object either public use or the
interest of private persons, and thereby become a continuing property right

Kinds of Legal Easements [according to their use and object]
Public legal easements or those for public or communal use; and
Private legal easements or those for the interest of private persons or for private use, which
include those relating to:
o waters (Arts. 637-648.);
o right of way (Arts. 649-657.);
o party wall (Arts. 658-666.);
o light and view (Arts. 667-673.);
o drainage (Arts. 674-676.);
o intermediate distances (Arts. 677-681.);
o against nuisance (Arts. 682-683.); and
o lateral and subjacent support. (Arts. 684-687.)

Governing Laws
Public legal easements.
o special laws and regulations relating thereto
o Civil Code, specifically Articles 634 to 687, inclusive.
Private legal easements.
o Primarily, by the agreement of the interested parties provided it is not prohibited by law
or injurious to a third person;
o in the absence of agreement, by the provisions of general or local laws and ordinances
for the general welfare; and
o in default of (a) and (b), by Articles 634 to 687, inclusive, of the Civil Code.


Easements Relating to Waters
natural drainage (Art. 637.);
drainage of buildings (Art. 674.);
easement on riparian banks for navigation, floatage, fishing, salvage, and towpath (Art. 638.);
easement of a dam (Arts. 639, 647.);
easement for drawing water or for watering animals (Arts. 640-641.);
easement of aqueduct (Arts. 642-646.); and
easement for the construction of a stop lock or sluice gate. (Art. 647.)

Natural Drainage of Lands
impose a natural easement upon the lower estates which are obliged to receive the waters
which naturally and without the intervention of man (not waters, for example, from reservoirs
or tanks) descend from the higher estates, as well as the stones or earth carried by the waters
Duty of servient owner. The owner of the lower estate cannot construct works, which will
impede this easement, such as walls, ditches or fences, or a dam which block the natural flow of
the waters. The dominant owner may demand their removal or destruction and recover
damages.
Duty of dominant owner. The owner of the higher tenement cannot make works which will
increase the burden. If the waters are the result of artificial development, or are the overflow
from irrigation dams, or proceed from industrial establishments recently set up, the owner of
the lower estate shall be entitled to compensation for his loss or damage.
o The dominant owner is not prohibited from cultivating his land or constructing works to
regulate the descent of the waters to prevent erosion to his land and as long as he does
not impede the natural flow of the waters and increase the burden of the lower estate,
he is not liable for damages. (Art. 674.)


Public Easements on Banks of Rivert
Banks of rivers and streams, whether they are of public or private ownership, are subject to
easement of public use for:
o navigation,
o floatage,
o fishing, and
o salvage, and
o with respect to estates adjourning banks of navigable rivers, also to easement of
towpath
land of public ownership: no indemnity;
land of private ownership: proper indemnity shall first be paid before it may be occupied
o Riparian owners cannot be required to subject their property to the easement for the
benefit of the public without prior indemnity.
The width of the zone subject to the easement is three meters throughout the entire length of
the bank along its margin.
The easement established by Article 638 does not apply to canals (esteros). (Ayala de Roxas v.
City of Manila)


Abutment or Buttress of a Dam
A person who needs to build a dam to divert or take water from a river or brook but is not the
owner of the banks or lands which must support the dam, may be allowed the easement of
abutment or buttress of a dam.
o He must seek the permission of the owner, and in case of the latters refusal he must
secure authority from the proper administrative agency which will conduct the
necessary investigation in which all interested parties are given opportunity to be heard.
In establishing the easement, the proper indemnity must be paid.
o Dam whose construction is unauthorized:
considered a private nuisance
may be lawfully destroyed or removed by the injured landowner or by any
person acting under his directions.
It is incumbent upon the builder who seeks to restrain affected
landowners from interfering with his use of the dam to prove that he
has legal right or authority to build the same.


Drawing Water or Watering Animals
This is a personal easement which includes the accessory easement of passage or right of way of
persons and animals to the place where the easement is to be used.
The requisites for this easement are:
o It must be imposed for reasons of public use;
o It must be in favor of a town or village; and
o There must be payment of proper indemnity.