PERPETUAL EASEMENT?term given to the right of a non-owner to use the adjoining land for right ofway forever.Law Dictionary: What is PERPE!"L E"#E$E%? definition ofPERPE!"L E"#E$E% &'lac()s Law Dictionary* htt+:,,thelawdictionary.org,+er+etual-easement,EASEMENTS OR SERVITUDESProperty, Ownership And Its ModifcationsinShareEASEMENTS OR SERVITUDESEASEMENTS IN GENERALEASEMENT DEFINED Encumbrance imposed upon an immovable for the benefit of a community or oneor more persons or for the benefit of another immovable belonging to a differentownerDIFFERENT KINDS OF EASEMENTSArt. 613. Aneasement orservitude is anencumbrance imposeduponanimmovable forthebenefit of anotherimmovable belongingtoadifferentowner.Theimmovableinfavorofwhichtheeasement isestablishediscalledthedominant estate; that which is subject thereto, the servient estate. (3!"REAL EASEMENT DEFINED An easement or servitude is an encumbrance imposed upon an immovable for thebenefit of another immovable belonging to a different owner.Art. 61#. $ervitudes ma% also be established for the benefit of a communit%, orof one or more persons to whom the encumbered estate does not belong. (31"CHARACTERISTICS OF EASEMENT1. A real rightaction in rem is possible against the possessor of the servient estate2. Imposable only on anothers property3. It isausinrealienareal right that maybealienatedalthoughthena!edownership is maintained". It isalimitationorencumbranceontheservient estateforanothersbenefita. It is essential that there be benefitb. It is not essential that the benefit be e#ercisedc. It is not essential for the benefit to be very greatd. $hebenefit shouldnt besogreat as tocompletelyabsorbor impair theusefulness of the servient estate% for then% this would not be merely anencumbrance but the cancellation of the rights of the servient estatee. $he benefit or utility goes to the dominant estate f. $he e#ercise is naturally restricted by the needs of the dominant estate or of itsownerg. Easements being an abnormal restriction on the ownership are not presumedbut may be imposed by law&. $here is inherence'. It is indivisible(. It is intransmissible). It is perpetualNO EASEMENT ON PERSONAL PROPERTY $here can be no easement on personal property* only on immovablesArt. 61. &asements ma% be continuous or discontinuous, apparent ornonapparent. 'ontinuous easements are those the use of which is or ma% beincessant, without the intervention of an% act of man. (iscontinuouseasements are those which are used at intervals and depend upon the acts ofman. Apparent easements are those which are made )nown and arecontinuall% )ept in view b% e*ternal signs that reveal the use and enjo%ment ofthe same. +onapparent easements are those which show no e*ternal indicationof their e*istence. (3,"Art. 616. &asements are also positive or negative. A positive easement is onewhich imposes upon the owner of the servient estate the obligation of allowingsomethingtobedoneor ofdoingithimself, andanegativeeasement, thatwhich prohibits the owner of the servient estate from doing something whichhe could lawfull% do if the easement did not e*ist. (33"CLASSIFICATION OF EASEMENTS1. According to party given the benefit a. +eal easementfor the benefit of another immovable belonging to a differentowner b. ,ersonal easementfor the benefit of one or more persons or of a community2. According to the manner they are e#erciseda. -ontinuous easementsb. .iscontinuous easements3. According to whether or not their e#istence is indicateda. Apparent easementb. /on0apparent easement". Accordingtothe purpose of the easement or the nature of the limitationa. ,ositive easement b. /egative easementArt. 61-. &asements are inseparable from the estate to which the% activel% orpassivel% belong. (3#"INSEPARABILITY OF EASEMENTSIndependentlyof theimmovabletowhichtheyareattached% easements donte#istCONSEQUENCES OF INSEPARABILITY1.Easements cannotbesold ordonated or mortgagedindependently ofthe realproperty to which they may be attached2. +egistration of the dominant estate under $orrens system without the registrationof the voluntary easements in its favor doesnt e#tinguish the easements but theregistration of the servient estate without the registration of the easementsburdening it e#tinguishes the voluntary easements.a. /oteactual !nowledge of third persons is e1uivalent to registration in that ifthey have actual !nowledge of thee#istence of the easement% they are bound by the same% even though no registrationhas been madePROVISION OF THE LAND REGISTRATION LAWEasementsshall continuetosubsist andshall beheldtopasswiththetitleofownershipuntil rescindedor e#tinguishedbyvirtue of the registrationof theservient estate or in any other manner Art. '1). Easements are indivisible. If theservient estate is dividedbetweentwoor more persons% the easement is notmodified% and each of them must bear it on the part which corresponds to him. If itis the dominant estate that is divided between two or more persons% each of themmayusetheeasement initsentirety%without changingtheplaceofitsuse% orma!ing it more burdensome in any other way. 2&3&3INDIVISIBILITY OF EASEMENTS ,artition or division of an estate doesnt divide the easement% which continues tobe complete in that each of the dominant estates can e#ercise the whole easementover eachoftheservient estatebut onlyonthepart correspondingtoeachofthemArt. 61.. &asements are established either b% law or b% the will of the owners.The former are called legal and the latter voluntar% easements. (36"JUDICIAL EASEMENTS4henthecourt saysthat aneasement e#ists% it isnot creatingone* it merelydeclares the e#istenceofan easementcreatedeitherby law or bythe parties ortestatorMODES OF ACQUIRING EASEMENTSArt. 6,!. 'ontinuous and apparent easements are ac/uired either b% virtue ofa title or b% prescription of ten %ears. (3-a"HOW EASEMENTS ARE ACQUIRED1. If continuous and apparenta. 5y titleb. 5y prescriptionten years2. If discontinuous and apparentonly by title3. If continuous and non0apparentonly by title". If discontinuous and non0apparentonly by titleMEANING OF TITLE1. $itle here doesnt necessarily mean document2. It means a uridical act or law sufficient to create the encumbranceArt. '21. Inorder toac1uirebyprescriptiontheeasements referredtointheprecedingarticle% the time of possessionshall be computed thus6 inpositiveeasements% from the day on which the owner of the dominant estate% or the personwhomayhavemadeuseof theeasement% commencedtoe#erciseit upontheservient estate* and in negative easements% from the day on which the owner of thedominant estate forbade% by an instrument ac!nowledged before a notary public%theowneroftheservient estate% frome#ecutinganact whichwouldbelawfulwithout the easement. 2&3)a3APPLICABILITY OF ARTICLE OF EASEMENTS ACQUIRABLE BYPRESCRIPTION: RULES1. If the easement is positive% begin counting the period from the day the dominantestate began to e#ercise it2. If the easement is negative% begin counting from the time of notarial prohibitionwas made on the servient estate3. $he notarial prohibition should be given by the owner of the dominant estateArt. '22. -ontinuous nonapparent easements% anddiscontinuous ones% whetherapparent or not% may be ac1uired only by virtue of a title. 2&373EASEMENTS THAT MAY BE ACQUIRED ONLY BY TITLE1. -ontinuous non0apparent easements2. .iscontinuous apparent easements3. .iscontinuous non0apparent easementsEASEMENT OF AQUEDUCT$he easement of a1ueduct is considered continuous and apparent and maytherefore be ac1uired by prescriptionArt. 6,3. The absence of adocument or proof showingthe originof aneasement which cannot be ac/uired b% prescription ma% be cured b% a deed ofrecognition b% the owner of the servient estate or b% a final judgment. (#!a"APPLICABILITY OF ARTICLE1. -ontinuous non0apparent2. .iscontinuous easementsHOW PROOF MAY BE GIVEN OF THE EXISTENCE OF THEEASEMENTS1. 5y deed of recognition by the servient owner2. 8inal udgmentArt. '2". $hee#istenceof anapparent signof easement betweentwoestates%established or maintained by the owner of both% shall be considered% should eitherof them be alienated% as a title in order that the easement may continue actively andpassively% unless% at thetimetheownershipof thetwoestates is divided% thecontrary should be provided in the title of conveyance of either of them% or the signaforesaid should be removed before the e#ecution of the deed. $his provision shallalso apply in case of the division of a thing owned in common by two or morepersons. 2&"1a3APPARENT SIGNS OF EASEMENT THAT APPARENTLY EXISTS1. 9riginally notrue easement e#ists here because there is only one owner2. $he article spea!s of apparent visible easements3. 9utward indication". It isnot essential that therebeapparent signbetweenthetwoestates* it isimportant that there is an apparent sign that the easement e#ists between the twoestates/.56 Immaterial period of counting prescription.RULES1. 5efore the alienation% there is no true easement2. After alienation a. $here arises an easement if the sign continues to remain there unless there is acontrary agreement b. $here is no easement if the sign is removed or if there is an agreement to thiseffectAPPLICABILITY OF ARTICLE1. 4hether only one or both estates is alienated2. Even if there be only one estate but there are two portions thereof% as long aslater on there is a division of the ownership of the said portion3. Even in the case of division of common property% though this is not an alienationWHEN ARTICLE DOESNT APPLY.oesnt applyincasebothestatesor bothportionsarealienatedtothesameowner% for then there would be no true easement unless there is a further alienation%this time% to different ownersArt. 6,. 0pon the establishment of an easement, all the rights necessar% forits use are considered granted. (#,"GRANT OF NECESSARY RIGHTS FOR THE USE OF THE EASEMENT1. :nless the necessary rights are also granted% the right to the easement itself isrendered nugatory2. /ecessary rights include repair% maintenance% accessory easements% such as theright of way if the easement is for thedrawing of water3. $erminationof theprincipal easement necessarilyendsall thesecondaryoraccessory easementsArt. '2'. $he owner of the dominant estate cannot use the easement e#cept for thebenefit of the immovable originallycontemplated. /either can he e#ercise the easement in any other manner than thatpreviously established. 2n3USE OF THE EASEMENT FOR BENEFIT OF THE IMMOVABLEORIGINALLY CONTEMPLATED RIGHTS AND OBLIGATIONS OFTHE OWNERS OF THE DOMINANT AND SERVIENT ESTATESArt. 6,-. The owner of the dominant estate ma% ma)e, at his own e*pense, ontheservient statean%wor)snecessar%fortheuseandpreservationoftheservitude, but without altering it or rendering it more burdensome. 1or thispurpose he shall notif% the owner of the servient estate, and shall choose themost convenient time and manner so as to cause the least inconvenience to theowner of the servient estate. (#3a"Art. 6,2. $hould there be several dominant estates, the owners of all of themshall beobligedtocontributetothee*pensesreferredtointheprecedingarticle, in proportion to the benefits which each ma% derive from the wor).An% one who does not wish to contribute ma% e*empt himself b% renouncingthe easement for the benefit of the others.3ftheowner oftheservientestateshouldma)euseoftheeasementinan%manner whatsoever, he shall also be obliged to contribute to the e*penses inthe proportion stated, saving an agreement to the contrar%. (##"Art. 6,.. Theownerof theservient estatecannot impair, inan%mannerwhatsoever, the use of the servitude. +evertheless,if b% reason of the placeoriginall% assigned, or of the manner established for the use of the easement,the same should become ver% inconvenient to the owner of the servient estate,or should prevent himfromma)ing an% important wor)s, repairs orimprovements thereon, it ma% be changed at his e*pense, provided he offersanother place or manner e/uall% convenient and in such a wa% that no injur%is caused thereb% to the owner of the dominant estate or to those who ma%have a right to the use of the easement. (#"Art. 63!. The owner of the servient estate retains the ownership of the portionon which the easement is established, and ma% use the same in such a manneras not to affect the e*ercise of the easement. (n"RIGHTS OF THE DOMINANT ESTATE1. $o e#ercise the easement and all necessary rights for its use including accessoryeasement2. $o ma!e on the servient estate all wor!s necessary the use and preservation ofthe servitude buta. $his must be at his own e#penseb. ;e must notify the servient ownerc.