Art. 638 of NCC superseded by Art.

51 of Water Code

In cases of TOW PATHS, the Water Code provided specific measurement of the areas to be
affected by easement of public use in the interest of recreation, navigation, floatage, fishing and
salvage unlike in the Civil Code.

The following are the measurements provided under the Water Code:

Banks or rivers and streams and shores of the seas and lakes throughout their entire length:
 3 meters- urban areas
 20 meters- agricultural areas
 40 meters- forest areas
Moreover, the Water Code provides that a person can only stay within the area for a
period necessary for purposes of:
 Recreation
 Navigation
 Floatage
 Fishing
 Salvage
 Build structures of any kind

TOW PATH
Article 638, NCC
 The banks of rivers and streams,
even in case they are of private
ownership, are subject throughout
their entire length and within a
zone of three meters along their
margins, to the easement of public
use in the general interest of
navigation, floatage, fishing ang
salvage.
Article 51 of the Water Code
 It provided for specific
measurement of the areas to be
affected by easement of public use
in the interest of recreation,
navigation, floatage, fishing and
salvage, as follows:
 The banks or rivers and streams
and the shores of the seas and
lakes throughout their entire
length and within a zone of three
(3) meters in urban areas;

 twenty (20) meters in agricultural

areas;

 and forty (40) meters in forest

areas, along their margins.
Estates adjoining the banks of navigable Omitted
or floatable rivers, are furthermore,
subject to the easement of towpath for the
exclusive service of river navigation and
floatage.
If it be necessary for such purpose to Omitted
occupy lands of private ownership, the
proper indemnity shall first be paid.
No person shall be allowed to stay in this
zone longer that what is necessary for
recreation, navigation, floatage, fishing or
salvage or to build structures of any kind.