Read also: WHAT IS EASEMENT?
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If the easement is continuous and apparent, they may be acquired by title or by prescription.
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If the easement is discontinuous and apparent, it can only be acquired by title.
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If the easement is continuous and non-apparent or discontinuous and non-apparent, it can be acquired only by title.
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.
There are different modes of acquiring easement.
Under the New Civil Code:
Easement may be acquired either by title or by prescription.
Specifically, if the easement is continuous and apparent, they may be acquired by title or by prescription. If the easement is discontinuous and apparent, it can only be acquired by title, if continuous and non-apparent or discontinuous and non-apparent, it can be acquired only by title.
An easement is continuous if its use is, or may be, incessant without the intervention of any act of man, like the easement of drainage. Easement is discontinuous if it is used at intervals and depends on the act of man, like the easement of right of way.
Apparent easements are those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same. Non-apparent easements, on the other hand, are those which show no external indication of their existence. Therefore, it is the presence of physical or visual signs that classifies an easement into apparent or non-apparent. Right of way and a window, which evidences a right to light and view are apparent easements, while an easement of not building beyond a certain height is non-apparent.
Easement may be acquired by title. Title here does not necessarily mean document. It means a juridical act or law sufficient to create the encumbrance. Examples of these are law, donation, testamentary succession, or contract.
Easement may also be acquired by prescription. In order to acquire easement by prescription, it requires 10 years irrespectiveof the good or bad faith, the presence or absence of just title on the part of the possessor.
The absence of a document or proof showing the origin of an easement which cannot be acquired by prescription may be cured by a deed of recognition by the owner of the servient estate or by a final judgment.
Upon the establishment of an easement, all the rights necessary for its use are considered granted.
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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