Aside from learning Easement, read also: WHAT IS OWNERSHIP?
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Easement is an encumbrance imposed on an immovable.
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Easement is for the benefit of another immovable belonging to another owner, or for the benefit of a person, group of persons, or a community.
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The effect of acknowledging the existence of an easement is that it is an admission that the property belongs to another.
The right of ownership is not absolute. One of the limitations of ownership are those imposed by law, this include easement such as the legal easement of waters, and the easement of right of way.
Under the New Civil Code:
Easement is an encumbrance imposed on an immovable for the benefit of another immovable belonging to another owner, or for the benefit of a person, group of persons, or a community.
It is a real right, constituted on another’s property, corporeal and immovable whereby the owner of the latter must refrain from doing or allowing somebody else to do something on his property, for the benefit of another person or tenement.
There can be no easement imposed on personal property only immovables may be burdened with easements, such immovables include lands, buildings, roads.
The effect of acknowledging the existence of an easement is that it is an admission that the property belongs to another.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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