Easements relating to waters

Article 637 to 648 of the Civil Code of the Philippines

Different Easements relating to waters1. Natural drainage (Art. 637) 2. Drainage of Buildings (Art. 674) 3. Easement on Riparian banks

for  navigation, floatage, fishing, salvage, and tow path (Art. 638)

4. Easement of a Dam (Arts. 639, 647) 5. Easement for drawing Water or for

watering animals (Arts. 640‐641) 6. Easement of Aqueduct (Arts. 642‐  636)

NATURAL DRAINAGEArt 637 .  Lower estates are obliged to

receive the waters which naturally and without the intervention of man descend from the higher estates, as well as the stones or earth which they carry with them.

The owner of the lower estate cannot construct works which will impede this easement; neither can the owner of the higher estate make works which will increase the burden.

Limitation on Natural Drainagea.   Dominant owner must not increase the

burden but he may erect works to avoid erosion.

b.   The servient owner must not impede the descent of water (but may regulate it).

Easement on Riparian banks for navigation, floatage, fishing, salvage, and tow pathBanks of rivers and streams, whether they

are of public or private ownership, are subject to easement of public use for:navigation, floatage, fishing, and salvage, and with respect to estates adjourning banks of

navigable rivers, also to easement of towpath

land of public ownership: no indemnity;land of private ownership: proper indemnity shall

first be paid before it may be occupied Riparian owners cannot be required to subject their

property to the easement for the benefit of the public without prior indemnity.

The width of the zone subject to the easement is three meters throughout the entire length of the bank along its margin.

The easement established by Article 638 does not apply to canals (esteros). (Ayala de Roxas v. City of Manila)

Easement of a DamArt. 639. Whenever for the diversion or

taking of water from a river or brook, or for the use of any other continuous or discontinuous stream, it should be necessary to build a dam, and the person who is to construct it is not the owner of the banks, or lands which must support it, he may establish the easement of abutment of a dam, after payment of the proper indemnity. 

RequisitesHe must seek the permission of the owner, and in case of

the latter’s refusal he must secure authority from the proper administrative agency which will conduct the necessary investigation in which all interested parties are given opportunity to be heard. In establishing the easement, the proper indemnity

must be paid.Dam whose construction is unauthorized:

considered a private nuisance may be lawfully destroyed or removed by the injured

landowner or by any person acting under his directions. It is incumbent upon the builder who seeks to restrain affected

landowners from interfering with his use of the dam to prove that he has legal right or authority to build the same.

EASEMENT FOR DRAWING WATER OR FOR WATERING ANIMALSThis is a personal easement which includes the

accessory easement of passage or right of way of persons and animals to the place where the easement is to be used.

Requisites for easement for watering cattle : 1. It must be imposed for reasons of public use

2. It must be in favor of a town or village indemnity must be paid

Requisites for drawing water or for watering of animals:

1. Owner of the dominant estate has the capacity to dispose of the water;

2. The water is sufficient for the use intended

3. Proposed right of way is the most convenient and the least onerous to third persons.

4. Pay indemnity to the owner of the servient estate (Art. 643)

EASEMENT OF AQUEDUCTFor legal purposes, it is considered

continuous and apparent even though the flow of water may not be continuous or its use depends upon the needs of the dominant estate or upon a schedule of alternate days or hours. (Art. 646, NCC)