Areta | De Guzman | Delos Santos |

Divina | Embing | Nethercott | Pacionela

| Vicencio
 Outline
Qualifications: Elements & Characteristics of an
Easement
How to Establish & Acquire Easement
Continuous/Discontinuous?
Apparent/Non-Apparent?
Positive & Negative Easement
Windows
Direct & Oblique View
Setback Requirement
Distance between Balconies
 Elements of an Easement
An easement is an encumbrance or burden. It is necessarily a
restriction on the enjoyment of one’s property (the servient estate).

Is it imposed on an immovable property.

The encumbrance is for the benefit of another immovable property

(the dominant estate)

There must be two separate owners – one being the dominant

estate and the other being the servient estate. Easement is never
imposed on the owner on his own property.

It can also be for the benefit of a community or of one or more

persons (Art. 614)
Characteristics of an Easement
Inseparable from the estate to which they actively
or passively belong (Art. 617)

Indivisible. If the servient estate is co-owned by

two or more persons, it is not modified. Each of
them must bear the easement. If the dominant
estate is co-owned by two or more persons, each
of them may use the easement in its entirety. (Art.
618)
How to establish an easement

Easements are established

either by law or by the will
of the owners. The former
are called legal and the
latter voluntary easements.
How to establish an easement

Continuous and apparent

easements are acquired
either by virtue of a title or
by prescription of ten years.
 Continuous Easement
Is that which does
not require for its
enjoyment any
action by the
party claiming it
(e.x. drainage,
sewer, light and
air, lateral support
of a wall).
 Discontinuous Easement
An easement or
servitude that
requires for its
exercise or
enjoyment an
action by the
party claiming it.
 Apparent Easement
is one the existence of which is
shown by some permanent sign
which, upon careful inspection by
a competent person, would be
visible to him.

There is a physical feature which

would indicate that an easemet
exist— for example, a manhole
cover indicates a possible
easement of drainage or a path
which may indicate a possible
right of way.
 Non-Apparent Easement

An easement not involving any permanent

visible sign of its existence as distinguished
from apparent easement (e.x. easement of
aqueduct through an underground channel or a
right of way when there is no indication of its
existence).
 Positive Easement

A positive easement gives the easement holder

the right to do something affecting the property
of another, which would constitute a violation
where it not for the easement (e.x. allowing
another access to or across a certain piece of
property).
 Negative Easement

A negative easement is a promise not to do

something with a certain piece of property, such
as not building a structure more than one story
high or not blocking a mountain view by
constructing a fence.
 Purpose of Small Openings

For the purpose of

admitting light
Windows at Home Windows in the Classroom
Direct & Oblique View

The distance referred to in the

preceding article shall be
measured in cases of direct
views from the outer line of
the wall when the openings
do not project, from the outer
line of the latter when they do,
and in cases of oblique view
from the dividing line
between the two properties.
Rules for Regular Windows

Articles 670 and 671 deal with regular, full

windows.

Regular windows can be opened provided

that the proper distances are followed.
 Direct View

For windows having direct views (FACE TO

FACE), observe at least 2 meters distance
between the wall having the windows and
the boundary line.
illustration
 Oblique View

For windows having side or oblique views,

observe a distance of at least 60
centimeters between the boundary line
and nearest edge of the window.

Oblique view means that from direct view,

one must turn his head to the right or to
the left to view the adjoining land
illustration
Where the Distances are
NOT Applicable
To buildings separated by a public
way or alley, which is not less than 3
meters wide (Art. 672)
XPN: Unless a special regulation
and local ordinance provide the
contrary
Where the Distances are
NOT Applicable
Whenever by any title (such as by
contract, will, donation, or
prescription) a right has been
acquired to have direct views,
balconies or belvederes overlooking
an adjoining property.
The servient estate cannot build
thereon if the direct view is less than
a distance of 3 meters from the wall
(Article 673)
illustration
Where the Distances are
NOT Applicable
Restricted windows when the above
distances are not observed. (Article
669)
 When the foregoing distances are not observed, only
restricted windows may be made by the owner of a wall
which is not a party wall, subject to the following
requirements:

There must be a wire screen.

There must be an iron grating imbedded in

the wall.

Maximum size is 20 cm sq.

The opening must be at the height of the ceiling

joints (beams) or immediately under the ceiling (techo).

The window must be for the purpose of admitting light

and air only, but not of view.
Rule on Distance Between Balconies
No windows, apertures, balconies, or other
similar projections which afford a direct
view upon or towards an adjoining land or
tenement can be made, without leaving a
distance of two meters between the wall
in which they are made and such
contiguous property.

Neither can side or oblique views upon or

towards such conterminous property be
had, unless there be a distance of sixty
centimeters.

The nonobservance of these distances

does not give rise to prescription.
Rule on Distance Between Balconies

The provisions of article 670

are not applicable to buildings
separated by a public way or
alley, which is not less than
three meters wide, subject to
special regulations and local
ordinances.
Rule on Distance Between Balconies
Whenever by any title a right has
been acquired to have direct views,
balconies or belvederes
overlooking an adjoining property,
the owner of the servient estate
cannot build thereon at less than a
distance of three meters to be
measured in the manner provided
in article 671. Any stipulation
permitting distances less than
those prescribed in article 670 is
void.
 Areta | De Guzman | Delos Santos |
Divina | Embing | Nethercott | Pacionela
| Vicencio
It is hereby declared to be the
policy of the State to safeguard
life, health, property, and public
welfare, consistent with the
principles of sound environmental
management and control; and to
this end, make it the purpose of
the Code to provide for all
buildings and structures, a
framework of minimum standards
and requirements to regulate and
control their location, site, design,
quality of materials, construction,
use, occupancy, and maintenance
e. Height Every masonry
chimney shall extend at least
600 millimeters above the part
of the roof through which it
passes and at least 600
millimeters above the highest
elevation of any part of a
building within 3.00 meters to
the chimney.
 Rule on Roots & Branches
BRANCHES
adjacent owner has the right
to demand that they be cut
off

ROOTS
he may cut them off himself
[Reason: By accession or
incorporation, he has acquired
ownership over them]
 Rule on Roots & Branches
PRESCRIPTION

BRANCHES
does not prescribe if tolerated
by invaded owner

ROOTS
imprescriptible unless a
notarial prohibition if made
why there is no distance between two
buildings constructed along españa?
 why there is no distance between two
buildings constructed along españa?
In places such as Manila City,
where there is high-density of
population, plots or lots
available for construction of
residential or commercial
buildings are limited. Hence,
a situation exists where a
home or building has at least
one wall placed on the
boundary line of the property,
leaving virtually no room
between the building and the
boundary line. This is called
zero-lot line or narrow lot.
 why there is no distance between two
buildings constructed along españa?

As a general rule, there should

be at least 2m setback from
the property line between two
adjacent properties. However,
due to a limited land area, it’s
possible for the properties to
be completely adjacent. It’s up
to the owners to know where
their property lines are so as
not to accidentally build on the
other’s lot.