TAÑEDO v BERNAD- Extinguishment of Easement

An easement continues by operation of law. Alienation of the D and S estates to different persons is not a ground for extinguishment of easements absent a statement extinguishing it.


Antonio Cardenas (resp) is the original owner of 2 parcels of land (7501-A and 7501-B). He constructed an apartment bldg in Lot A and in Lot B he constructed an apartment, house, bodega and a septic tank for common use of the occupants of the two lots.

Cardenas sold Lot A and mortgaged Lot B to Eduardo Tañedo (pet). He also agreed that should be decide to sell Lot B he would sell it to Tañedo. However, Cardenas sold Lot B to Spouses Sim (resp). Sim blocked the sewage pipe connecting the building on Lot A to the septic tank. He also asked Tañnedo to remove that portion of his building encroaching Lot B.

Tañedo filed an action for legal redemption and damages against resps. Cardenas admitted that he had agreed to sell the lot to pet and claimed by way of cross claim against spouses Sim that the Deed of Sale he had executed was only intended as an equitable mortgage. RTC dismissed the complaint and the cross claim.


Whether or not the right to continue to use the septic tank ceased upon the subdivision of the land and its subsequent sale to different owners.


The alienation of the dominant and servient estates to different persons is not one of the grounds for the extinguishment of an easement. On the contrary, use of the easement is continued by operation of law as provided in Art 624 because no abolishment or extinguishment was provided in the deed of absolute sale. Nor did Cardenas stop the use of the drain pipe and septic tanks before he sold the lots. Accordingly, the spouses Sim cannot impair, in any manner, the use of the servitude.