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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;
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 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
_____________.
CHAPTER 3
VOLUNTARY EASEMENTS