Beneficios a los empleados de corto plazo

Art. 627. The owner of the dominant estate may make, at his own expense, on the servient state any works necessary for the use and preservation of the servitude, but without altering it or rendering it more burdensome.

For this purpose he shall notify the owner of the servient estate, and shall choose the most convenient time and manner so as to cause the least inconvenience to the owner of the servient estate. (543a)

What are the rights of the dominant owner?

1. Exercise all the rights necessary for the use of the easement 2. Make on the servient estate all works necessary for the use and

preservation of the servitude

3. Renounce the easement if he desires to exempt himself from the contribution to necessary expenses

4. Ask for mandatory injunction to prevent impairment of his of the easement

What are the obligations of the dominant owner?

1. Cannot alter the easement or render it more burdensome 2. Notify the servient owner of works necessary for the use and

preservation of the servitude

3. Choose the most convenient time and manner in making the necessary works as to cause the least inconvenience to the servient owner 4. Contribute to the necessary expenses if there are several dominant

What are the rights of the servient owner?

1. Retain the ownership of the portion of the estate on which the easement is established

2. Make use of the easement, unless there is an agreement to the contrary 3. Change the place or manner of the use of the easement, provided it be

equally convenient

What are the obligations of the servient owner? 1. Cannot impair the use of the easement

2. Contribute to the necessary expenses in case he uses the easement, unless there is an agreement to the contrary

Right of the dominant owner to make necessary works

 Right granted by 627 is subject to the following conditions:

1. Works shall be at his expense and are necessary for the use and preservation of the servitude

2. They do not alter or render the servitude more burdensome; 3. The dominant owner, before making the works, must notify the

servient owner, and

4. They shall be done at the most convenient time and manner as to cause the lease inconvenience to the servient owner

Case doctrine

 (Goldcrest v Cypress Gardens)

Art. 628. Should there be several dominant estates, the owners of all of them shall be obliged to contribute to the expenses referred to in the preceding article, in proportion to the benefits which each may derive from the work. Any one who does not wish to contribute may exempt himself by renouncing the easement for the benefit of the others.

If the owner of the servient estate should make use of the easement in any manner whatsoever, he shall also be obliged to contribute to the expenses in the proportion stated, saving an agreement to the contrary. (544)

Obligation to contribute to expenses of necessary works This article contemplates several dominant estates.

 All the owners shall share the expenses in proportion to the benefits derived by each estate from the works and not in proportion to their respective interests. The benefits shall be presumed equal in the

absence of any agreement or proof to the contrary. The easement of right of way ordinarily gives the same benefit

 An owner may exempt himself from contributing to the expenses by renouncing the easement in favor of the others.

 What about the servient owner? Well, he shall be obliged to contribute to the expense except when there is a stipulation to the contrary, should he make use of the easement in any manner whatsoever. If he bound himself to bear the cost of the work, he may free himself form the obligation by renouncing his property to the dominant owner (Art 693)

Art. 629. The owner of the servient estate cannot impair, in any manner whatsoever, the use of the servitude.

Nevertheless, if by reason of the place originally assigned, or of the manner established for the use of the easement, the same should become very inconvenient to the owner of the servient estate, or should prevent him from making any important works, repairs or improvements thereon, it may be changed at his expense, provided he offers another place or manner equally convenient and in such a way that no injury is caused thereby to the owner of the dominant estate or to those who may have a right to the use of the easement. (545)

Obligation of servient owner not to impair servitude

 The servient owner may abstain from constructing works or performing any act which will impair, in any manner whatsoever, the use of the servitude.

 An injunction lies at the instance of the dominant owner to prohibit the servient owner from impairing the use of the servitude

Right of servient owner to change place or manner of easement

 While the servient estate cannot impair the use of the servitude, he may change at his expense the place or manner for its use provided the following requisites are present:

1. The place or manner has become very inconvenient to him or prevents him from making important works thereon;

2. He offers another place or manner equally convenient; and 3. No injury is caused by the chance to the dominant owner or to

whoever may have a right to the use of the easement.

Art. 630. The owner of the servient estate retains the ownership of the portion on which the easement is established, and may use the same in such a manner as not to affect the exercise of the easement. (n)

Right of servient owner to use easement

 The servient owner preserves his dominion over the portion of his estate on which the easement is established

 This is true although the indemnity consists of the value of the land occupied and the amount of the damage to the servient estate (Art 649)

 He may use the easement subject to the condition that he does not impair the rights of the dominant owner.

Case doctrine

 When the trial court found that the person’s right to continue to use the septic tank ceased upon the subdivision of the land and its subsequent sale to different owners who do not have the same interest, the Supreme Court said that this is contrary to law. (Tanedo v Bernad)

SECTION FOUR – MODES OF EXTINGUISHMENT OF