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SERVIENT ESTATE
Art 627. Making Necessary Works to Use and Preserve the Easement
Owner of the Dominant Estate - at his own expense may make on the
servient estate any works necessary for the use and preservation of the
easement.
- But without altering or rendering it burdensome.
- Owner of the Dominant Estate must notify the owner of the servient estate.
Art 628. Proportionate Contribution by Dominant Estate
Several dominant estate, the owners shall contribute to the expenses, in
proportion to the benefits which they may derive from the works.
- Owner who does not wish to contribute may exempt himself by renouncing
the easement for the benefit of the others.
Unless there is a stipulation to the contrary, the owner of the servient estate
shall also be obliged to contribute on the amount of expenses, should he
make use of the easement, in proportion to the benefits he may derive from
it.
Art 629. When the Place of the Easement may be changed by the Servient
Estate
Owner of servient estate cannot impair the use of servitude.
- However, should the same become very inconvenient, the owner of servient
estate may change at his expense, provided that he offers another place or
manner equally convenient.
Art 630. Rights of the Dominant and Servient Estate
Rights of the Dominant Estate
1. To exercise the easement and all necessary rights for its use including
accessory easement.
2. To make in the servient estate all works necessary for the use and
preservation of the
easement. (limitation of repairs)
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LEGAL EASEMENT
Art. 634 - Legal Easement Defined
Legal Easement - easement imposed by law, and which have for their object
either:
1. Public Use
2. Interests of Private Persons.
Kinds of Legal Easements:
1.
2.
3.
4.
5.
6.
7.
8.
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- Yes. Plaintiff hold a permit to use the water, and willing to pay the proper
indemnity.
Ways of making easement of aqueduct:
1. Open Canal - should be not dangerous and deep
2. Closed / covered canal
3. tubes / pipes
Obligations of Dominant Owner
1. Keep the aqueduct in proper use and care
2. To keep in hand necessary materials for its use.
Characteristics - for legal purposes and to make easement of aqueduct
susceptible to acquisitive prescription - the easement is considered
CONTINUOUS and APPARENT
Art. 647 - Construction of Stop Lock and Sluice Gate
Requisites:
1. Purpose of improvement or irrigation
2. Construction must be on the estate of another (permit from the owner of
the bank)
3. Damages must be paid
4. Third persons must not be prejudiced
Art. 648 - Civil Code provisions on easements of waters prevails over
special laws
Conflict of easement of waters between special law and New Civil Code, the
latter prevails.
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