VOLUNTARY EASEMENTS

Art. 688. Every owner of a tenement or piece of land may establish thereon the easements which he may deem suitable, and in the manner and form which he may deem best, provided he does not contravene the laws, public policy or public order. (594)

KINDS OF VOLUNTARY EASEMENTS THAT MAY BE ESTABLISHED

• The easements established may be real or personal

RIGHT PERTAINS TO OWNER

• Only the owner or someone else, in the name of and with the authority of the owner, may establish a voluntary real easement on his estate, for this is an act of ownership

WHO ACTS FOR THE DOMINANT ESTATE?

The person to act for the dominant estate must be the owner or somebody else, in the name and with the authority of the owner

OWNER WITH A RESOLUTORY OR ANNULABLE TITLE

• If a person is an owner with a resolutory title or an annullable title, he can create an easement over the property but is deemed extinguished upon resolution or annulment of the title

Art. 689. The owner of a tenement or piece of land, the usufruct of which belongs to another, may impose thereon, without the consent of the usufructuary, any servitudes which will not injure the right of usufruct. (595)

RIGHT OF NAKED OWNER TO IMPOSE EASEMENTS

• The naked owner must respect the rights of the usufructuary

Art. 690. Whenever the naked ownership of a tenement or piece of land belongs to one person and the beneficial ownership to another, no perpetual voluntary easement may be established thereon without the consent of both owners. (596)

RULES WHEN USUFRUCT EXISTS

1. The beneficial owner may be himself create a temporary easement compatible with the extent of his beneficial dominion
2. If the easement is perpetual both the naked and beneficial owners must consent

Art. 691. In order to impose an easement on an undivided tenement, or piece of land, the consent of all the co-owners shall be required.

The consent given by some only, must be held in abeyance until the last one of all the co-owners shall have expressed his conformity. But the consent given by one of the co-owners separately from the others shall bind the grantor and his successors not to prevent the exercise of the right granted. (597a)

CREATION OF AN EASEMENT BY THE CO-OWNERS IN A COOWNERSHIP

• Unanimous consent is needed for creation of an easement is an act of ownership
• Once a consent has been given, it cannot be revoked

Art. 692. The title and, in a proper case, the possession of an easement acquired by prescription shall determine the rights of the dominant estate and the obligations of the servient estate. In default thereof, the easement shall be governed by such provisions of this Title as are applicable thereto. (598)

GOVERNING RULES FOR VOLUNTARY EASEMENTS

1. If created by title, the title governs. The CC is suppletory.
2. If created by prescription, the form and manner it is acquired governs. The CC is suppletory.
3. If created by prescription in a proper case, the way the easement has been possessed, that is, the manner and form of possession.

Art. 693. If the owner of the servient estate should have bound himself, upon the establishment of the easement, to bear the cost of the work required for the use and preservation thereof, he may free himself from this obligation by renouncing his property to the owner of the dominant estate. (599)

RULE TO APPLY WHEN SERVIENT ESTATE HAS BOUND ITSELF TO PAY FOR THE MAINTENANCE OF THE EASEMENT

• In the contract or title, the servient owner may have or may not have bound himself to pay for the maintenance of the easement
  Article only applies when he has bound himself