Easements in Philippine Real Estate

An easement (also known as a servitude) refers to a right granted to one person (the dominant estate) to use another person’s property (the servient estate) for a specific purpose. These rights are governed by the Civil Code of the Philippines, particularly Articles 649 to 6571.

Role and Benefits

Right of Way: The most common type of easement is the “right of way”, which allows someone to pass through another’s property. For instance, if your land is landlocked and you need access to a public road, an easement can grant you that right.
Utility Easements: These allow utility companies (such as water, electricity, or telecommunications providers) to install and maintain infrastructure on private land.
Light and Air Easements: These ensure that neighboring properties receive adequate natural light and ventilation.
Drainage Easements: These prevent flooding by allowing water to flow across a property.

Types of Easements

Continuous vs. Discontinuous:
- Continuous easements are used incessantly without human intervention (e.g., water pipes).
- Discontinuous easements are used intermittently and depend on human actions (e.g., a right of way).
Apparent vs. Nonapparent:
- Apparent easements are visible and known due to external signs (e.g., a marked pathway).
- Nonapparent easements have no external indications of their existence.
Positive vs. Negative:
- Positive easements require the servient estate owner to allow something (e.g., a right of way).
- Negative easements prohibit the servient estate owner from doing something (e.g., blocking a view).

When to Avoid Easements

Careful Due Diligence: When buying property, conduct thorough research to identify existing easements. Some easements may limit your property’s use or value.
Consult Legal Experts: Seek legal advice to understand the implications of existing easements. You may need to negotiate with neighbors or the dominant estate owner.

Going Around Easements When Buying a Property

Title Search: Review the property’s title to identify any registered easements.
Survey and Inspection: Physically inspect the property to identify visible easements (e.g., pathways, utility lines).
Negotiate: If an easement affects your property, negotiate with the dominant estate owner. You may need to adjust property boundaries or agree on compensation.
Legal Assistance: Consult a lawyer to ensure proper documentation and compliance with legal requirements.