VII.

USUFRUCT

A.

Concept (Art. 562)

Usufruct is a real right, temporary in character that authorizes the holder to enjoy all the
advantages derived from a normal exploitation of anothers property, according to its destination
or purpose, and imposes and obligation of restoring at the time specified, either the thing itself or
its equivalent.
B.
C.
D.
E.

Historical considerations
Characteristics of Usufruct
Usufruct distinguished from lease; from servitude
Classes of Usufruct
1.

By origin:
a. Voluntary
b. Legal Art. 321 C.C.; Effect of Art. 226, Family Code
c. Mixed

2.

By person enjoying right of usufruct (Art. 564)

a. Simple
b. Multiple
1. Simultaneous
2. Successive
Limitation on successive usufruct (Art. 756, 863 & 869)

3.

By object of usufruct (Art. 564)

a. Rights
b. Things
1. Normal
2. Abnormal, irregular or quasi-usufruct

4.

By the extent of the usufruct

a. As to the fruits (Art. 564)
1. Total
2. Partial
b. As to object
1. Singular
2. Universal (Art. 598)
- subject to provisions of Arts. 758 & 759

5.

By the terms of usufruct (Art. 564)

a. Pure
b. Conditional
c. With a term (period)

F.

Rights
a. Right to possess and enjoy the thing itself, its fruits and accessions
- Fruit consist of natural, industrial and civil fruits.
- As to hidden treasure, usufructuary isconsidered a stranger (Art. 566; 436)
- Fruits pending at the beginning of usufruct (Art. 567)
- Civil fruits (Art. 569, 588)
b. Right to lease the thing (Art. 572)
- Limitations
- Liability of usufructuary lessor (Art. 590)
- Exceptions to right of leasing the thing
c.

Right to improve the thing (Art. 579)

As to the legal right of usufruct itself

a.
b.

Right to mortgage
Right to alienate the usufruct, except in purely personal usufructs, or when title
constituting it prohibits the same.

G. Rights of the naked owner

H.

1.

At the beginning of usufruct

(obligations of usufructuary)

2.

During the usufruct;

a. Retains title to the thing or property
b. He may alienate the property
Limitations (Art. 581)

Obligations of Usufructuary
1. At the beginning of usufruct or before exercising the usufruct
A. to make inventory (Art. 583)
1. Requisites of Inventory
i. Immovable described
ii. Movable appraised
2. Exception to requirement of inventory
i. No one will be injured thereby (Art. 585)
ii. Title constituting usufruct excused the making of inventory
iii. Title constituting usufruct already makes an inventory

B. To give a bond for the faithful performance of duties as usufructuary

1. No bond is required in the following:
i. No Prejudice would result (Art. 585)
ii. usufruct is reserved by donor (Art. 584)
iii. Title constituting usufruct excused usufructuary
2.

During the usufruct.

a. To take care of the thing like a good father or a family (Art. 589)
- Effect of failure to comply with obligation (Art. 610)
b. To undertake ordinary repairs (Art. 592)
Concept of ordinary repairs
c. To notify owner of need to undertake extra-ordinary repairs (Art. 593)
1. Concept of extraordinary repairs.
2. Naked owner obliged to undertake them but when make by
owner, usufructuary pays legal interest on the amount while
usufruct lasts (Art. 594, par. 1)
3. Naked owner cannot be compelled to undertake extra-ordinary
repairs.
a. If indispensable and owner fails to undertake extraordinary
repairs may be made by usufructuary; (Art. 594, 2)
d. To pay for annual charges and taxes on the fruits
e. To notify owner of any act detrimental to ownership (Art. 601)
f. To shoulder the costs of litigation re usufruct (Art. 602)
g. To answer for the fault or negligence of alienee, lessee, or agent
usufructuary (Art. 590)

I.

J.

At the time termination of the usufruct

To deliver the thing in usufruct to the owner in the condition in
which he has received it, after undertaking ordinary repairs.
- Exception: abnormal usufruct
Special Cases of usufruct
1.
2.
3.

Usufruct over a pension or periodical income (Art. 570)

Usufruct of property owned in common (Art. 582)
Usufruct of head of cattle (Art. 591)

of

4.
5.
6.
7.
8.
9.
K.

Usufruct over vineyards and woodlands (Art. 575-576)

Usufruct on a right of action (Art. 578)
Usufruct on mortgaged property (Art. 660)
Usufruct over an entire patrimony (Art. 598)
Liability of usufructuary for debts
Usufruct over deteriorable property (Art. 578)
Usufruct over consumable property (or quasi-usufruct)
Art. 574

Extinguishment of usufruct (Art. 603)

1.

Death of usufructuary unless a contrary intention clearly appears

2.

Expiration of period of fulfillment of resolutory condition imposed on usufruct by

person constituting the usufruct
.
-

time that may elapse before a third person attains a certain age, even if the
latter dies before period expires
unless granted only in consideration of his existence Art. 606

3.

Merger of rights usufruct and naked ownership in one person

4.

Renunciation of usufruct
a.

5.

Limitations
Must be express
If made in fraud of creditors, waiver may be
rescinded by them through action under Art. 1381

Extinction or loss of property

a.

If destroyed property is insured before the termination of the usufruct (Art.

608)
1.
When insurance premium paid by the owner and usufruct (Art.
608, Par 1)
a.
If owner rebuilds, usufruct subsist on new building
b.
If owner does not rebuild interest upon insurance proceed
paid to usufructuary
2.

When the insurance taken by owner only because usufrutaury

refuses Art. 608, par. 2)
a.
Owner entitled to insurance money (no
interest paid to usufructuary)

b.

If he does not rebuild, usufruct continues over remaining

land and / or owner may pay the interest on value of both
(Art. 607)
c.
If owner rebuilds, usufruct does not continue on new
building, but owner must pay interest on value on land and old
materials.
3.

When insurance taken by usufructuary only depends on value of

usufructuarys insurable interest (not provided for in Civil Code).
a.
b.
c.
d.

b.

Insurance proceeds to usufructuary

No obligation to rebuild
Usufruct continues on the land
Owner does not share in insurance proceeds

If destroyed property is not insured (Art. 607)

1.
If building forms part of an immovable
usufruct
a.
b.

under

If owner does rebuild, usufruct

continues over the land and materials
If owner rebuilds, usufructuary must allow owner to
occupy the land and to make use of materials, but
value of both and land and materials

6.

Termination of right of person constituting the usufruct

7.

Prescription
Cases covered: If third party acquires ownership of thing or
property in usufruct or right of ownership lost through prescription or right
of usufruct not began within prescriptive period, or if there is a tacit
abandonment or non-user of thing held in usufruct for required period.

8.

What do not cause extinguishment of usufruct

a.
b.

VII.

Expropriation of thing in usufruct (Art. 609)

Bad use of thing in usufruct (Art. 810
Owners right
c.
Usufruct over a building (Art. 607, 608)
EASEMENT OR SERVITUDES

A.
Definition Easement or real servitudes is a real which burden a thing with a
presentation consisting of determinate servitudes for the exclusive enjoyment of a person who is
not the owner or of a tenement belonging to another, or it is the real right immovable by nature
i.e. land and buildings, by virtue of which the owner of the same has to abstain from doing or to

allow somebody else to do something in his property

thing or person.

for the benefit of the another

B.

Essentials feature of easements / real servitudes / praedial servitudes.

1.

It is a real, i.e., it gives an action in rem or real action against any possessor of
servient estate.

2.

It is a right enjoyed over another property

3.

It is a right constituted over an immovable by nature (Land and buildings), not

over movables.

4.

It limits the servient owners right of ownership for the benefit of the dominant
estate. Right of limited use, but no right to posses servient estate, Being an
abnormal limitation of ownership, it cannot be presumed.

5.

It creates a relation between tenements

6.
It cannot consist in requiring the owner of the servient estate to do an act,
(servitus in faciendo consistere nequit) unless the act is accessory to a praedial servitude
(obligation propter rem)
7.
Generally, it may consist in the owner of the dominant estate demanding that the
owner of the servient estate refrain from doing something (servitus in non faciendo), or that the
latter permit that something be done over the servient property (servitus in patendo), but not the
right to demand that the owner of the servient estate do something (servitus in faciendo) except if
such obligation to a praedial sevitude (obligation propter rem).
8.
It is inherently or inseparable from estate to which they actively or passively
belong (Art. 617)
9.
It is intransmissible, i.e., it cannot be alienated separately from the tenement
affected, or benefited.
10.

It is indivisible. (Art. 618)

11.
It has permanence, i.e., once it attaches, whether used or not, it continues and may
be used at anytime.
C.

Classification of Servitudes
1.

As to recipient of benefits:
a.
b.

Real or Praedial
Personal (Art. 614)

2.

As to origin:
a.Legal whether for public use or for the interest of private persons (Art. 634)
b.
Voluntary

3.

As to its exercise (Art. 615)

a.
b.

4.

As indication of its existence (Art. 615)

a.
b.

5.

Positive
Negative (prescription start to run from service of notarial prohibition)

General rules relating to servitudes

1.
2.
3.
4.
5.

E.

Apparent
Non-apparent

By the object or obligation imposed (Art. 616)

a.
b.

D.

Continuous
Discontinuous

No one can have a servitude over his own property (nulli res sua servit)
A servitude cannot consist in doing (servitus in faciendo consistere nequit)
There cannot be a servitude over another servitude (Servitus servitutes esse nbon
potest)
A servitude must be exercised in a way least burdensome to the owner of the land.
A servitude must have a perpetual cause.

Modes of Acquiring Easements.

1.

By title-juridical act which give rise to the servitude, i.e. law donations, contracts
or wills.

a.
If easement has been acquired but no proof of existence of easement
available, and easement is one that cannot be acquired by prescription then
1. May be cured by deed of recognition by owner of servient estate, or
2. By final judgment
3. Existence of an apparent sign considered a title (Art. 624)
2.
F.

By prescription (distinguish bet. positive vs negative)

Rights and Obligations of Owners of Dominant and Servient Estates.

1.

Right of owner of dominant estate

a. To use the easement (Art. 626) and exercise all rights necessary for the use of
the (Art. 625)
b. To do at his expense, all necessary works for the use and preservation of the
easement (Art. 627)
c. In a right of way, to ask for change in width of easement sufficient for needs of
dominant estate (Art. 651)

2.

Obligations of the owner of Dominant Estate:

a.

To use the easement for benefit of immovable and in the manner originally
established (Art. 626)

b.

To notify owner of servient estate before making repairs and to make

repairs in a manner least inconvenient to servient estate.

c.

To contribute to expenses of works necessary for use and preservation of

servitude, if there are several dominant estates, unless be
interest (Art. 628).

renounces his
3.

4.

Rights of owner of servient estate

a.

To retain ownership and use of his property (Art. 630)

b.

To change the place and manner of use the easement (Art. 629, par. 2)

Obligations of the servient estate

a. Not to impair the use of the easement (Art. 628, par. 1)
b. To change the place and manner of use the easement (Art. 628, par. 2)

G.

Modes of Extinguishment of Easements:

1. Merger must be absolute, perfect and definite, not merely temporary.
2. By non-user for 10 years.
a.
Computation of the period
(1)

discontinuous easements; counted from the day they ceased to be used.

3.
4.
5.
6.
7.

(2)

continuous easements: counted from the day an act adverse to the exercise
took place.

b.

The use by a co-power of the dominant estate bars prescription with

respect to the others (Art. 633)

c.

Servitudes not yet exercised cannot be extinguished by non-user.

Extinguishment by impossibility of use

Expiration of the term or fulfillment of resolutory condition
Renunciation of the owner of dominant estate must be specific clear, express
(distinguished from non-user)
Redemption agreed upon between the owners
Other causes not mentioned in Art. 631
a.
b.
c.
d.
e.

H.

Annulment or rescission of the Title constituting the easement

Termination of the right of grantor
Abandonment of the servient estate
Eminent domain
Special cause for extinction of legal rights of way; if right of way; if right
of way no longer necessary Art. 651 655

Legal Easements
1.

Law Governing Legal Easement

a.

b.

2.

1.

Special laws and regulations relating thereto, e.g. Pres. Decree

1067, P.D. 705

2.

By the provisions of Chapter 2, Title VII, book II New Civil Code

for private legal easements

1)
by agreement of the interest parties whenever the law does not
prohibit it and no injury is suffered by a third person.
2)
by the provisions of Chapter 2, Title VII book II

Private Legal Easements provided for by the new Civil Code

a.

637-648)

For public easements

Those established for the use of water or easements relating to waters (Art.

1)
2)
3)
4)
5)
6)

Natural drainage of waters (Art. 637)

Easements on lands along riverbanks (Art. 638), See Water Code.
Abutment of a dam (Art. 639)
Aqueduct (Art. 645-646)
Drawing waters and watering animals (Art. 640)
Stop lock or sluice gate (Art. 649)

b.

The easement of party wall (Art. 649-657)

c.

The easement of party wall (Art. 658-666)

d.

The easement of light and view (Art. 667-673)

e.

The easement of drainage of buildings (Art. 674-676)

f.

The easement of distance for certain constructions and plantings (Art. 677-681)

g.

The easement against nuisances (Art. 682-683)

h.

The easement of lateral and subjacent support (Arts. 684-687)