LAW ON PROPERTY NOTES

BASED ON PARAS BOOK AND ATTY. FRANCIS AMPILS LECTURE

Page 91 of 123


BY: MA. ANGELA LEONOR C. AGUINALDO
ATENEO LAW 2D 2010
3. The owner can make use of Article 656

Art. 657. Easements of the right of way for the passage of livestock
known as animal path, animal trail or any other, and those for
watering places, resting places and animal folds, shall be governed
by the ordinances and regulations relating thereto, and, in the
absence thereof, by the usages and customs of the place.

Without prejudice to rights legally acquired, the animal path shall
not exceed in any case the width of 75 meters, and the animal trail
that of 37 meters and 50 centimeters.

Whenever it is necessary to establish a compulsory easement of
the right of way or for a watering place for animals, the provisions
of this Section and those of Articles 640 and 641 shall be observed.
In this case the width shall not exceed 10 meters. (570a)

EASEMENT OF RIGHT OF WAY FOR THE PASSAGE OF LIVESTOCK:
WIDTH
1. Animal path75 meters
2. Animal trail37 meters and 50 centimeters
3. Cattle10 meters

CASE DIGESTS: LEGAL EASEMENTS

144 COSTABELLA CORP. V. CA
193 SCRA 333

FACTS:
Petitioner was the owner of a beachfront property, it later constructed a
beach resort thereto. The private respondents on the other hand were the
owners of the adjoining properties. Prior to the construction of the resort,
the property was being used as passageway in going to the provincial road
and city proper. Upon the construction of the first phase, pathway was
closed but they were given an alternate route.

HELD:
The following are the requirements for the compulsory easement of right of
way
1. The property is surrounded by estate of others and there is no
adequate outlet to a public highway
2. It must be established at the point least prejudicial to the servient
estate and insofar as consistent with this rule, where the distance
from the dominant estate to a public highway may be the shortest
3. There must be payment of the proper indemnity
4. The isolation should not be due to the proprietors own acts

The private respondents failed to show compliance with the
abovementioned requirements.

145 VILLANUEVA V. VELASCO
346 SCRA 99

FACTS:
Spouses Gabriel were the previous owners of a house which encroached on
the easement of right of way of Sebastian and Lotilla. By virtue of this, a
case was filed against the spouses. Thereafter, the house was sold to
Villanueva. The trial court and appellate court held in favor of Sebastian
and Lotilla and ordered the demolition of the house. This was questioned
by Villanueva on claims that he acquired the property under a clean title
and that he wasnt a party to the previous case.

HELD:
A legal easement is one mandated by law, constituted for public use and
for private interest and becomes a continuous property right.

The following are the essential requisites for a compulsory right of way
1. The property is surrounded by estate of others and there is no
adequate outlet to a public highway
2. It must be established at the point least prejudicial to the servient
estate and insofar as consistent with this rule, where the distance
from the dominant estate to a public highway may be the shortest
3. There must be payment of the proper indemnity
4. The isolation should not be due to the proprietors own acts

146 CRISTOBAL V. CA
291 SCRA 122

FACTS:
Cristobal owned a house and lot in Visayas Avenue Extension. Ledesma on
the other hand was the owner of the adjoining subdivision, which included
the disputed lots 1 and 2. Lots 1 and 2 were originally a part of the private
road. Upon the making of Visayas Avenue as a public road, Ledesma
petitioned the exclusion of the two disputed lots from the road. He was
granted to do so. Upon the sale of the lots to a third person, it was
discovered that there were squatters on the land and that it was being
used as a passageway by petitioners. This prompted the new owner to
enclose the lot.