What are easements and servitudes?

EASEMENT refers to a right of use over the property of another.

Traditionally, the permitted kinds of uses were limited, the most important being rights of way and rights concerning flowing waters.

The easement was normally for the benefit of adjoining lands, no matter who the owner was, rather than for the benefit of a specific individual. On the other hand,

SERVITUDE is a burden imposed upon another.

Servitudes are also classed as positive and negative. A positive servitude is one which obliges the owner of a servient estate to permit or suffer something to be done on his property by another.

A negative servitude is one which does not bind the servient proprietor to permit something to be done upon his property by another, but merely restrains him from making a certain use of his property which would impair the easement enjoyed by the dominant tenement.

It is stated in the law that a person has a right (easement) to impose a burden (servitude) upon another in cases provided for by law.

Philippine Real Estate Laws

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