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Title VII.

- EASEMENTS OF SERVITUDES If it is the dominant estate that is ___________


CHAPTER 1 between two or more persons, each of them
EASEMENTS IN GENERAL may use the easement in its ___________,
SECTION 1. - Different Kinds of Easements without ___________ the place of its use, or
making it more ____________ in any other way.
Art. 613. An easement or servitude is an (535)
____________ imposed upon an immovable for
the ___________ of another immovable Art. 619. Easements are established either by
____________ to a ___________ owner. ________ or by the ___________ of the owners.
The former are called __________ and the latter
The immovable in _________ of which the ____________ easements. (536)
easement is _____________ is called the
____________ estate; that which is subject SECTION 2. - Modes of Acquiring Easements
thereto, the ___________ estate. (530)
Art. 620. Continuous and apparent easements
Art. 614. Servitudes may also be ____________ are acquired either by _________ of a title or by
for the benefit of a ____________, or of one or ___________ of ____________ years. (537a)
more persons to whom the ____________ estate
does not belong. (531) Art. 621. In order to acquire by prescription the
easements referred to in the preceding article,
Art. 615. Easements may be ___________ or the ____________ of possession shall be
____________, _____________ or _______________. ____________ thus: in positive easements, from
the day on which the ____________ of the
__________ easements are those the use of dominant estate, or the person who may have
which is or may be ___________, without the made ___________ of the easement,
___________ of any __________ of man. commenced to exercise it upon the servient
estate; and in negative easements, from the
______________ easements are those which are day on which the owner of the dominant
used at __________ and _________ upon the estate _____________, by an ____________
acts of man. acknowledged before a notary public, the
owner of the servient estate, from ___________
_____________ easements are those which are an act which would be lawful ___________ the
made known and are ____________ kept in easement. (538a)
view by ____________ signs that __________ the
use and ____________ of the same. Art. 622. Continuous nonapparent easements,
and discontinuous ones, whether apparent or
_____________ easements are those which show not, may be ___________ only by virtue of a
no __________ indication of their ____________. (539)
__________. (532)
Art. 623. The absence of a document or
Art. 616. Easements are also ____________ or _________ showing the ____________ of an
______________. easement which cannot be acquired by
prescription may be ____________ by a
A ________ easement is one which ________ _________ of _____________ by the owner of the
upon the owner of the servient estate the servient estate or by a ___________
__________ of allowing something to be done or judgment. (540a)
of doing it himself, and a negative easement,
that which __________ the owner of the servient Art. 624. The existence of an apparent
estate from doing something which he could __________ of easement between two estates,
__________ do if the easement did not ______________ or _____________ by the owner
___________. (533) of both, shall be considered, should either of
them be __________, as a title in order that the
Art. 617. Easements are ____________ from the easement may ___________ actively and
estate to which they ____________ or ____________, unless, at the time the ownership
___________ belong. (534) of the two estates is ___________, the contrary
should be provided in the title of ____________
Art. 618. Easements are __________. If the of either of them, or the ___________ aforesaid
servient estate is divided between two or more should be __________ before the ___________ of
persons, the easement is not ___________, and the deed. This provision shall also apply in case
each of them must ___________ it on the part of the division of a thing owned in ____________
which _______________ to him. by two or more persons. (541a)
Art. 625. Upon the _____________ of an Art. 630. The owner of the servient estate
easement, all the rights ____________ for its use _________ the ownership of the __________ on
are considered _____________. (542) which the easement is ____________, and may
use the same in such a manner as not to
Art. 626. The owner of the dominant estate _________ the ____________ of the
_________ use the easement except for the easement. (n)
__________ of the immovable __________
contemplated. Neither can he exercise the SECTION 4. - Modes of Extinguishment of
easement in any other ___________ than that Easements
previously ____________. (n)
Art. 631. Easements are ___________:
SECTION 3. - Rights and Obligations of the
Owners of the Dominant and Servient Estates (1) By _________ in the same person of
the ___________ of the dominant and
Art. 627. The owner of the dominant estate servient estates;
may __________, at his own ___________, on the
servient state any __________ necessary for the (2) By __________ for __________ years;
_________ and _____________ of the servitude, with _________ to __________ easements,
but without ___________ it or __________ it more this period shall be __________ from the
____________. day on which they _________ to be used;
and, with respect to __________
For this purpose he shall _____________ the easements, from the day on which an
owner of the servient estate, and shall choose ________ contrary to the same took
the most ___________ time and manner so as to place;
_____________ the ____________ inconvenience
to the owner of the servient estate. (543a) (3) When either or both of the estates
________ into such _________ that the
Art. 628. Should there be __________ dominant easement cannot be __________; but it
estates, the owners of all of them shall be shall _________ if the subsequent
____________ to ___________ to the ___________ condition of the estates or either of
referred to in the preceding article, in them should again _________ its use,
___________ to the ___________ which each may unless when the use becomes
_________ from the work. Any one who does __________, ___________ time for
not ___________ to _____________ may _____________ has ____________, in
___________ himself by __________ the accordance with the provisions of the
easement for the benefit of the others. preceding number;

If the owner of the servient estate should make (4) By the __________ of the term or the
________ of the easement in any _________ ___________ of the condition, if the
whatsoever, he shall also be _________ to easement is _______________ or
__________ to the _____________ in the _____________;
___________ stated, ___________ an agreement
to the _________. (544) (5) By the ___________ of the owner of
the ____________ estate;
Art. 629. The owner of the servient estate
cannot __________, in any manner whatsoever, (6) By the ___________ agreed upon
the __________ of the servitude. between the owners of the dominant
and servient estates. (546a)
Nevertheless, if by reason of the place
originally ___________, or of the __________ Art. 632. The ________ or __________ of using the
established for the use of the easement, the easement may ___________ as the easement
same should become very ____________ to the itself, and in the same way. (547a)
owner of the servient estate, or should
__________ him from ____________ any Art. 633. If the dominant estate belongs to
__________ works, ___________ or improvements _________ persons in __________, the use of the
thereon, it may be __________ at his expense, easement by any one of them __________
provided he __________ another place or prescription with __________ to the others. (548)
manner ___________ convenient and in such a
way that no _________ is caused thereby to the CHAPTER 2
owner of the dominant estate or to those who LEGAL EASEMENTS
may have a ___________ to the ___________ of SECTION 1. - General Provisions
the easement. (545)
Art. 634. Easements imposed by __________
have for their __________ either public use or __________ the easement of __________ of a
the__________ of ____________ persons. (549) dam, after __________ of the __________
indemnity. (554)
Art. 635. All matters concerning easements
established for ___________ or __________ use Art. 640. ___________ easements for __________
shall be governed by the ___________ laws and water or for __________ animals can be
____________ relating thereto, and, in the ____________ only for ___________ of public use
__________ thereof, by the provisions of this in __________ of a __________ or ___________,
Title. (550) after payment of the proper indemnity. (555)

Art. 636. Easements established by law in the Art. 641. Easements for __________ water and
_________ of private persons or for private use for __________ animals _________ with them the
shall be governed by the provisions of this Title, ___________ of the owners of the servient
without __________ to the provisions of estates to __________ passage to persons and
__________ or ___________ laws and ordinances animals to the place where such easements
for the general __________. are to be used, and the __________ shall
include this __________. (556)
These easements may be __________ by
___________ of the ___________ parties, Art. 642. Any person who may __________ to use
whenever the law does not __________ it or no upon his own estate any water of which he
_________ is __________ by a ________ can ___________ shall have the __________ to
person. (551a) make it _________ through the ___________
estates, with the _____________ to indemnify
SECTION 2. - Easements Relating to Waters their owners, as well as the owners of the lower
estates upon which the waters may
Art. 637. ___________ estates are ____________ to ___________ or ___________. (557)
________ the waters which ___________ and
without the __________ of man ___________ from Art. 643. One __________ to make use of the
the ___________ estates, as well as the right ____________ in the preceding article is
__________ or ________ which they ___________ __________:
with them.
(1) To __________ that he can
The owner of the lower estate cannot ___________ of the water and that it is
___________ works which will __________ this ___________ for the use for which it is
easement; neither can the owner of the higher ___________;
estate make works which will ___________ the
___________. (552) (2) To __________ that the ___________
right of way is the most __________ and
Art. 638. The ___________ of rivers and streams, the least __________ to third persons;
even in case they are of __________ ownership,
are subject throughout their _________ length (3) To ___________ the owner of the
and within a ________ of _________ meters servient estate in the manner __________
along their _________, to the easement of by the __________ and
public use in the general interest of _________, ____________. (558)
__________, ___________ and ___________.
Art. 644. The easement of __________ for private
Estates ___________ the banks of ___________ or interest cannot be imposed on __________,
___________ rivers are, furthermore, subject to ____________, ______________, or ____________, or
the easement of _________ for the exclusive on ___________ or __________ already
service of river ___________ and ___________. ___________. (559)

If it be necessary for such purpose to Art. 645. The easement of aqueduct does not
__________ lands of private ownership, the __________ the owner of the servient estate
proper ____________ shall first be from _________ or __________ it, or from
__________. (553a) __________ over the aqueduct in such manner
as not to __________ the latter any ____________,
Art. 639. Whenever for the __________ or or ___________ necessary __________ and
_________ of water from a river or __________, or _____________ impossible. (560)
for the use of any other __________ or
__________ stream, it should be _____________ to Art. 646. For __________ purposes, the easement
build a ____________, and the person who is to of aqueduct shall be considered as __________
___________ it is not the owner of the banks, or and ___________, even though the ____________
lands which must _________ it, he may of the water may not be continuous, or its use
___________ upon the ___________ of the Art. 651. The __________ of the easement of
dominant estate, or upon a ________ of right of way shall be that which is ___________
__________ days or _________. (561) for the ___________ of the dominant estate, and
may _____________ be changed from
Art. 647. _________ who for the _________ of __________ to time. (566a)
___________ or ____________ his estate, has to
construct a _________ lock or __________ gate in Art. 652. Whenever a piece of land ___________
the __________ of the stream from which the by ___________, ____________ or _____________, is
water is to be ____________, may ___________ ___________ by other estates of the _________,
that the owners of the banks ___________ its __________, or ____________, he shall be obliged
___________, after ____________ of ____________, to __________ a right of way _________
including those caused by the new easement indemnity.
to such owners and to the other
___________. (562) In case of a _________ donation, the donor shall
be _________ by the donee for the ____________
Art. 648. The establishment, ___________, of the right of way. (567a)
___________ and ____________ of the servitudes
of waters, to which this section refers, shall be Art. 653. In the case of the preceding article, if
___________ by the special laws relating thereto it is the __________ of the __________ that
insofar as no provision therefor is made in this becomes ___________, he may ___________ a
Code. (563a) right of way after _________ an indemnity.
However, the __________ shall not be __________
SECTION 3. - Easement of Right of Way for indemnity. (n)

Art. 649. The owner, or any person who by Art. 654. If the right of way is __________, the
___________ of a _________ right may necessary _________ shall be made by the
___________ or use any immovable, which is owner of the dominant estate. A ____________
___________ by other immovables ___________ share of the ___________ shall be _____________
to other persons and without ____________ by said owner to the ______________ of the
outlet to a public ____________, is entitled to servient estate. (n)
__________ a right of way through the
____________ estates, after payment of the Art. 655. If the right of way granted to a
proper indemnity. ___________ estate ____________ to be
necessary because its owner has __________ it
Should this easement be established in such a to another ___________ on a public __________,
manner that its use may be ____________ for all the owner of the servient estate may ________
the ___________ of the dominant estate, that the easement be ___________,
___________ a _____________ passage, the ____________ what he may have received by
indemnity shall _____________ of the way of indemnity. The ____________ on the
____________ of the land occupied and the indemnity shall be deemed to be in payment
amount of the __________ caused to the of _________ for the use of the easement.
servient estate.
The same rule shall be applied in case a
In case the right of way is ___________ to the _________ road is opened giving ___________ to
necessary _____________ for the ______________ the __________ estate.
of the estate surrounded by others and for the
____________ of its _____________ through the In both cases, the public highway must
servient estate without a ______________ way, ___________ meet the __________ of the
the indemnity shall ___________ in the payment dominant estate in __________ that the
of the damage caused by such easement may be _____________. (568a)
_______________.
Art. 656. If it be _____________ for the
This easement is not _____________ if the ______________, _____________, _____________,
____________ of the immovable is due to the _____________ or ______________ of a building, to
____________ own acts. (564a) _________ materials through the estate of
another, or to ___________ therein ___________
Art. 650. The easement of right of way shall be or other objects necessary for the work, the
____________ at the ____________ least owner of such estate shall be _________ to
____________ to the servient estate, and, insofar _________ the act, after ____________ payment
as consistent with this rule, where the of the proper indemnity for the ___________
___________ from the dominant estate to a caused him. (569a)
public highway may be the ____________. (565)
Art. 657. Easements of the right of way for the (3) Whenever the _________ wall is built
passage of ____________ known as animal within the ___________ of one of the
_________, animal ___________ or any other, and estates;
those for ___________ places, ___________
places and animal ___________, shall be (4) Whenever the dividing wall bears the
governed by the ___________ and ___________ burden of the __________ ___________,
relating thereto, and, in the absence thereof, floors and roof ____________ of one of
by the ___________ and ___________ of the the buildings, but not those of the
place. others;

Without prejudice to rights legally acquired, (5) Whenever the dividing wall between
the animal path shall not exceed in any case ____________, ____________, and
the __________ of _______ meters, and the _____________ is constructed in such a
animal ___________ that of _________ meters way that the coping ____________ the
and ___________ centimeters. water upon only one of the estates;

Whenever it is necessary to establish a (6) Whenever the dividing wall, being


__________ easement of the right of way or for built of ____________, has ____________
a ___________ place for animals, the provisions stones, which at certain ____________
of this Section and those of Articles ___________ project from the surface on one side
and __________ shall be ____________. In this only, but not on the other;
case the width shall not exceed __________
meters. (570a) (7) Whenever lands _____________ by
fences or live hedges ___________ others
SECTION 4. - Easement of Party Wall which are not ____________.

Art. 658. The easement of party wall shall be In all these cases, the ____________ of the walls,
governed by the provisions of this Title, by the fences or hedges shall be deemed to belong
___________ ordinances and ___________ insofar ____________ to the owner of the property or
as they do not __________ with the same, and tenement which has in its ____________ the
by the rules of _____________. (571a) presumption based on any one of these
_______. (573)
Art. 659. The ___________ of an easement of
party wall is ____________, unless there is a Art. 661. _________ or ___________ opened
___________, or __________ sign, or _________ to between two estates are also ___________ as
the contrary: ___________ to both, if there is no title or sign
showing the ___________.
(1) In ___________ walls of ___________
buildings up to the point of common There is a sign contrary to the _________________
____________; whenever the ___________ or ___________
removed to ____________ the ___________ or to
(2) In dividing walls of __________ or ___________ it is only on one side thereof, in
__________ situated in cities, towns, or in which case the ownership of the ___________
rural communities; shall belong exclusively to the owner of the
land having this __________ sign in its
(3) In __________, walls and live favor. (574)
___________ dividing rural lands. (572)
Art. 662. The ___________ of __________ and
Art. 660. It is ___________ that there is an ___________ of party walls and the ____________
____________ sign, ____________ to the of fences, live hedges, ditches, and drains
easement of party wall: owned in common, shall be __________ by all
the owners of the lands or tenements having
(1) Whenever in the _________ wall of the party wall in their favor, in ____________ to
buildings there is a ___________ or the right of each.
__________;
Nevertheless, any owner may ______________
(2) Whenever the dividing wall is, on one himself from ____________ to this _____________
side, __________ and ____________ on all by _____________ his part-ownership, except
its ____________, and on the other, it has when the party wall _____________ a building
similar conditions on the _____________ belonging to him. (575)
part, but the lower part __________ or
__________ outward; Art. 663. If the owner of a building, supported
by a party wall __________ to _____________ the
building, he may also _____________ his part- window is through a wall on the
ownership of the wall, but the cost of _________ dominant estate. (n)
repairs and work necessary to ____________ any
damage which the _____________ may cause Art. 669. When the distances in Article 670 are
to the party wall, on this ____________ only, shall not ___________, the owner of a wall which is
be ____________ by him. (576) not party wall, ___________ a tenement or
piece of land belonging to another, can make
Art. 664. Every owner may ___________ the in it __________ to admit light at the ___________
___________ of the party wall, doing at his own of the ceiling ___________ or immediately under
______________ and _______________ for any the ceiling, and of the size of ___________
damage which may be caused by the work, centimeters square, and, in every case, with
even though such damage be ____________. an ___________ grating ___________ in the wall
and with a wire screen.
The expenses of _____________ the wall in the
part newly ____________ or _____________ at its Nevertheless, the owner of the tenement or
_____________ shall also be paid for by him; property adjoining the wall in which the
and, in ___________, the indemnity for the openings are made can ________ them should
____________ expenses which may be he acquire part-ownership thereof, if there be
necessary for the _____________ of the party no __________ to the contrary.
wall by reason of the greater ___________ or
_____________ which has been given it. He can also obstruct them by ____________ a
building on his land or by __________ a wall
If the party wall cannot ___________ the thereon ____________ to that having such
increased height, the owner desiring to raise it openings, unless an easement of light has
shall be _____________ to ______________ it at his been ____________. (581a)
own expense and, if for this purpose it be
necessary to make it _______________, he shall Art. 670. No windows, ___________,
give the space ____________ from his own _____________, or other similar ___________
land. (577) which ___________ a direct view upon or
towards an adjoining land or tenement can be
Art. 665. The other owners who have made, without _________ a distance of
___________ contributed in giving increased __________ meters between the wall in which
__________, _____________ or ______________ to they are made and such contiguous property.
the wall may, nevertheless, ___________ the
right of part-ownership therein, by paying Neither can side or ________ views upon or
______________ the value of the work at the towards such ____________ property be had,
____________ of the acquisition and of the land unless there be a distance of __________
used for its increased ___________. (578a) centimeters.

Art. 666. Every _____________ of a party wall The _____________ of these distances does not
may use it in ___________ to the right he may give __________ to prescription. (582a)
have in the co-ownership, without ____________
with the common and ______________ uses by Art. 671. The distance referred to in the
the other co-owners. (579a) preceding article shall be ____________ in cases
of direct views from the __________ line of the
SECTION 5. - Easement of Light and View wall when the openings do not ____________,
from the outer line of the latter when they do,
Art. 667. __________ part-owner may, without and in cases of _____________ view from the
the ______________ of the others, ____________ dividing line between the two properties. (583)
through the party wall any window or
____________ of any _____________. (580) Art. 672. The provisions of Article 670 are not
applicable to buildings ___________ by a public
Art. 668. The period of ____________ for the way or ___________, which is not less than
___________ of an easement of light and view __________ meters wide, subject to special
shall be counted: regulations and local ordinances. (584a)

(1) From the time of the _____________ Art. 673. Whenever by any title a right has
of the window, if it is through a party been acquired to have direct views, balconies
wall; or or __________ overlooking an adjoining
property, the owner of the servient estate
(2) From the time of the formal cannot build thereon at ________ than a
____________ upon the ____________ of distance of _________ meters to be measured
the adjoining land or tenement, if the in the manner provided in Article 671. Any
stipulation permitting distances less than those be __________ or ____________ by stipulation on
prescribed in Article 670 is _________. (585a) the part of the adjoining proprietors.

SECTION 6. - Drainage of Buildings In the absence of regulations, such ___________


shall be taken as may be considered
Art. 674. The owner of a building shall be necessary, in order to ____________ any
____________ to construct its ________ or damage to the neighboring lands or
covering in such manner that the ________ tenements. (590a)
water shall _________ on his own land or on a
street or public place, and not on the land of Art. 679. No ___________ shall be planted near a
his neighbor, even though the adjacent land tenement or piece of land belonging to
may belong to two or more persons, one of another except at the distance authorized by
whom is the owner of the roof. Even if it should the ordinances or customs of the place, and,
fall on his own land, the owner shall be obliged in the absence thereof, at a distance of at
to _________ the water in such a way as not to least __________ meters from the dividing line of
cause __________ to the adjacent land or the estates if tall trees are planted and at a
tenement. (586a) distance of at least ___________ centimeters if
shrubs or small trees are planted.
Art. 675. The owner of a tenement or a piece
of land, subject to the easement of receiving Every landowner shall have the right to
water falling from roofs, may _________ in such ___________ that trees hereafter planted at a
manner as to receive the water upon his own _________ distance from his land or tenement
roof or give it another ___________ in be ___________.
accordance with local ordinances or
___________, and in such a way as not to cause The provisions of this article also apply to trees
any _____________ or damage whatever to the which have grown ___________.(591a)
dominant estate. (587)
Art. 680. If the branches of any tree should
Art. 676. Whenever the __________ or ____________ over a neighboring estate,
___________ of a house is ____________ by other tenement, garden or yard, the owner of the
houses, and it is not possible to give an latter shall have the right to demand that they
___________ through the house itself to the rain be __________ off insofar as they may
water collected thereon, the ______________ of __________ over his property, and, if it be the
an easement of drainage can be __________ of a neighboring tree which should
_____________, giving an outlet to the water at _____________ into the land of another, the
the point of the _______________ lands or latter may cut them off himself within his
tenements where its ____________ may be property. (592)
____________, and establishing a ____________
for the drainage in such manner as to cause Art. 681. __________ naturally __________ upon
the least damage to the servient estate, after adjacent land belong to the owner of said
payment of the property indemnity. (583) land. (n)

SECTION 7. - Intermediate Distances and Works SECTION 8. - Easement Against Nuisance (n)
for Certain Constructions and Plantings
Art. 682. Every building or piece of land is
Art. 677. No ____________ can be built or subject to the easement which __________ the
plantings made near __________ places or proprietor or possessor from committing
___________ without compliance with the nuisance through noise, ___________, offensive
conditions required in special laws, ordinances, odor, smoke, heat, dust, water, ____________
and regulations relating thereto. (589) and other causes.

Art. 678. No person shall build any aqueduct, Art. 683. Subject to ___________, health, police
well, sewer, furnace, ____________, chimney, and other laws and regulations, factories and
stable, ____________ of corrosive substances, shops may be maintained provided the least
machinery, or factory which by reason of its possible ______________ is caused to the
nature or products is _____________ or neighborhood.
____________, without observing the distances
prescribed by the regulations and customs of SECTION 9. - Lateral and Subjacent Support (n)
the place, and without making the necessary
____________ works, subject, in regard to the Sec. 684. No proprietor shall make such
manner thereof, to the conditions prescribed ____________ upon his land as to ___________
by such regulations. These prohibitions cannot any adjacent land or building of sufficient
___________ or ___________ support.
Art. 685. Any stipulation or testamentary Art. 693. If the owner of the servient estate
provision allowing excavations that cause should have ___________ himself, upon the
____________ to an adjacent land or building establishment of the easement, to __________
shall be ____________. the cost of the work required for the use and
preservation thereof, he may __________
Art. 686. The legal easement of lateral and himself from this obligation by ___________ his
subjacent _____________ is not only for buildings property to the owner of the dominant estate.
standing at the time the excavations are
made but also for constructions that may be
_____________.

Art. 687. Any proprietor intending to make any


_____________ contemplated in the three
preceding articles shall ___________ all owners
of adjacent lands.

CHAPTER 3
VOLUNTARY EASEMENTS

Art. 688. Every owner of a tenement or piece of


land may __________ thereon the easements
which he may deem ___________, and in the
manner and form which he may deem
__________, provided he does not ___________
the laws, public policy or public order. (594)

Art. 689. The owner of a tenement or piece of


land, the ____________ of which belongs to
another, may impose thereon, without the
consent of the _____________, any servitudes
which will not ____________ the right of
usufruct. (595)

Art. 690. Whenever the __________ ownership of


a tenement or piece of land belongs to one
person and the _________ ownership to
another, no _____________ voluntary easement
may be established thereon without the
consent of both owners. (596)

Art. 691. In order to impose an easement on an


___________ tenement, or piece of land, the
consent of all the _________ shall be required.

The consent given by _________ only, must be


held in __________ until the last one of all the
co-owners shall have expressed his
_____________.

But the consent given by one of the co-owners


___________ from the others shall ___________
the ____________ and his successors not to
prevent the exercise of the right
granted. (597a)

Art. 692. The title and, in a proper case, the


__________ of an easement acquired by
prescription shall determine the __________ of
the dominant estate and the ____________ of
the servient estate. In __________ thereof, the
easement shall be governed by such provisions
of this Title as are applicable theareto. (598)

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