Property Finals

Part I- Multiple Choice (20 Items)

Part II- Definition (3 Items); Enumeration (4 items)

Part III- Application (3 Items; All on Easement); Situations (3 Items; 1 on Easement, 1 on

Occupation, and 1 on Donation)

TITLE VII - Easements or Servitudes

CHAPTER 1 - Easements in General

SECTION 1 - Different Kinds of Easements

ARTICLE 613. An easement or servitude is an encumbrance imposed upon an immovable for

the benefit of another immovable belonging to a different owner.

The immovable in favor of which the easement is established is called the dominant estate; that
which is subject thereto, the servient estate. (530)

ARTICLE 614. Servitudes may also be established for the benefit of a community, or of one or
more persons to whom the encumbered estate does not belong. (531)

112.5 – Positive and Negative Easement

ARTICLE 617. Easements are inseparable from the estate to which they actively or passively
belong. (534)

ARTICLE 618. Easements are indivisible. If the servient estate is divided between two or more
persons, the easement is not modified, and each of them must bear it on the part which
corresponds to him.

If it is the dominant estate that is divided between two or more persons, each of them may use
the easement in its entirety, without changing the place of its use, or making it more
burdensome in any other way. (535)

SECTION 2 - Modes of Acquiring Easements

SECTION 3 - Rights and Obligations of the Owners of the Dominant and Servient
Estates

SECTION 4 - Modes of Extinguishment of Easements

ARTICLE 631. Easements are extinguished:

(1) By merger in the same person of the ownership of the dominant and servient estates;
(2) By nonuser for ten years; with respect to discontinuous easements, this period shall be
computed from the day on which they ceased to be used; and, with respect to continuous
easements, from the day on which an act contrary to the same took place;

(3) When either or both of the estates fall into such condition that the easement cannot be used;
but it shall revive if the subsequent condition of the estates or either of them should again
permit its use, unless when the use becomes possible, sufficient time for prescription has
elapsed, in accordance with the provisions of the preceding number;

(4) By the expiration of the term or the fulfillment of the condition, if the easement is temporary
or conditional;

(5) By the renunciation of the owner of the dominant estate;

(6) By the redemption agreed upon between the owners of the dominant and servient estates.
(546a)

CHAPTER 2 - Legal Easements

SECTION 1 - General Provisions

SECTION 2 - Easements Relating to Waters

SECTION 3 - Easement of Right of Way

ARTICLE 649. The owner, or any person who by virtue of a real right may cultivate or use any
immovable, which is surrounded by other immovables pertaining to other persons and without
adequate outlet to a public highway, is entitled to demand a right of way through the
neighboring estates, after payment of the proper indemnity.

Should this easement be established in such a manner that its use may be continuous for all the
needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of
the value of the land occupied and the amount of the damage caused to the servient estate.

In case the right of way is limited to the necessary passage for the cultivation of the estate
surrounded by others and for the gathering of its crops through the servient estate without a
permanent way, the indemnity shall consist in the payment of the damage caused by such
encumbrance.

This easement is not compulsory if the isolation of the immovable is due to the proprietor’s
own acts. (564a)

ARTICLE 655. If the right of way granted to a surrounded estate ceases to be necessary
because its owner has joined it to another abutting on a public road, the owner of the servient
estate may demand that the easement be extinguished, returning what he may have received by
way of indemnity. The interest on the indemnity shall be deemed to be in payment of rent for
the use of the easement.

The same rule shall be applied in case a new road is opened giving access to the isolated estate.
In both cases, the public highway must substantially meet the needs of the dominant estate in
order that the easement may be extinguished. (568a)

SECTION 4 - Easement of Party Wall

SECTION 5 - Easement of Light and View

ARTICLE 668. The period of prescription for the acquisition of an easement of light and view
shall be counted:

(1) From the time of the opening of the window, if it is through a party wall; or

(2) From the time of the formal prohibition upon the proprietor of the adjoining land or
tenement, if the window is through a wall on the dominant estate. (n)

SECTION 6 - Drainage of Buildings

SECTION 7 - Intermediate Distances and Works for Certain Constructions and

Plantings

ARTICLE 680. If the branches of any tree should extend over a neighboring estate, tenement,
garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar
as they may spread over his property, and, if it be the roots of a neighboring tree which should
penetrate into the land of another, the latter may cut them off himself within his property. (592)

ARTICLE 681. Fruits naturally falling upon adjacent land belong to the owner of said land.
(n) nEoimi

SECTION 8 - Easement Against Nuisance (n)

SECTION 9 - Lateral and Subjacent Support (n)

CHAPTER 3 - Voluntary Easements

TITLE VIII - Nuisance (n)

ARTICLE 694. A nuisance is any act, omission, establishment, business, condition of property,
or anything else which:

(1) Injures or endangers the health or safety of others; or

(2) Annoys or offends the senses; or

(3) Shocks, defies or disregards decency or morality; or

(4) Obstructs or interferes with the free passage of any public highway or street, or any body
of water; or

(5) Hinders or impairs the use of property.

127.3 – Doctrine of Attractive Nuisance

TITLE IX - Registry of Property

BOOK III - Different Modes of Acquiring Ownership

Preliminary Provision

ARTICLE 712. Ownership is acquired by occupation and by intellectual creation.

Ownership and other real rights over property are acquired and transmitted by law, by donation,
by testate and intestate succession, and in consequence of certain contracts, by tradition.

They may also be acquired by means of prescription. (609a)

TITLE I - Occupation

ARTICLE 713. Things appropriable by nature which are without an owner, such as animals
that are the object of hunting and fishing, hidden treasure and abandoned movables, are
acquired by occupation. (610)

ARTICLE 714. The ownership of a piece of land cannot be acquired by occupation. (n)

ARTICLE 719. Whoever finds a movable, which is not treasure, must return it to its previous
possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of
the city or municipality where the finding has taken place.

The finding shall be publicly announced by the mayor for two consecutive weeks in the way
he deems best.

If the movable cannot be kept without deterioration, or without expenses which considerably
diminish its value, it shall be sold at public auction eight days after the publication.

Six months from the publication having elapsed without the owner having appeared, the thing
found, or its value, shall be awarded to the finder. The finder and the owner shall be obliged,
as the case may be, to reimburse the expenses. (615a)

ARTICLE 720. If the owner should appear in time, he shall be obliged to pay, as a reward to
the finder, one-tenth of the sum or of the price of the thing found. (616a)

133.1 – Occupation Definition and Requisites

TITLE II - Intellectual Creation

ARTICLE 723. Letters and other private communications in writing are owned by the person
to whom they are addressed and delivered, but they cannot be published or disseminated
without the consent of the writer or his heirs. However, the court may authorize their
publication or dissemination if the public good or the interest of justice so requires. (n)

134.3 – Ownership of Letters

 TITLE III - Donation

CHAPTER 1 - Nature of Donations

ARTICLE 725. Donation is an act of liberality whereby a person disposes gratuitously of a

thing or right in favor of another, who accepts it. (618a)

ARTICLE 727. Illegal or impossible conditions in simple and remuneratory donations shall be
considered as not imposed. (n)

ARTICLE 734. The donation is perfected from the moment the donor knows of the acceptance
by the donee. (623)

CHAPTER 2 - Persons Who May Give or Receive a Donation

ARTICLE 748. The donation of a movable may be made orally or in writing.

An oral donation requires the simultaneous delivery of the thing or of the document
representing the right donated.

If the value of the personal property donated exceeds five thousand pesos, the donation and the
acceptance shall be made in writing. Otherwise, the donation shall be void. (632a)

ARTICLE 749. In order that the donation of an immovable may be valid, it must be made in a
public document, specifying therein the property donated and the value of the charges which
the donee must satisfy.

The acceptance may be made in the same deed of donation or in a separate public document,
but it shall not take effect unless it is done during the lifetime of the donor.

If the acceptance is made in a separate instrument, the donor shall be notified thereof in an
authentic form, and this step shall be noted in both instruments. (633)

CHAPTER 3 - Effect of Donations and Limitations Thereon

CHAPTER 4 - Revocation and Reduction of Donations

ARTICLE 760. Every donation inter vivos, made by a person having no children or
descendants, legitimate or legitimated by subsequent marriage, or illegitimate, may be revoked
or reduced as provided in the next article, by the happening of any of these events:

(1) If the donor, after the donation, should have legitimate or legitimated or illegitimate
children, even though they be posthumous;

(2) If the child of the donor, whom the latter believed to be dead when he made the donation,
should turn out to be living;

(3) If the donor should subsequently adopt a minor child. (644a)

 I. Multiple Choice
II. Definition
a. Easement
1. ARTICLE 613. An easement or servitude is an encumbrance imposed
upon an immovable for the benefit of another immovable belonging to
a different owner.
The immovable in favor of which the easement is established is called
the dominant estate; that which is subject thereto, the servient estate.
(530)
2. ARTICLE 614. Servitudes may also be established for the benefit of a
community, or of one or more persons to whom the encumbered estate
does not belong. (531)
b. Nuisance
1. ARTICLE 694. A nuisance is any act, omission, establishment,
business, condition of property, or anything else which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway
or street, or any body of water; or
(5) Hinders or impairs the use of property.
c. Doctrine of Attractive Nuisance [127.3]- one who maintains on his premises
dangerous instrumentalities or appliances of a character likely to attract children
in play, and who fails to exercise ordinary care to prevent children from playing
therewith or resorting thereto, is liable to a child of tender years who is injured
thereby, even if the child is technically a trespasser in the premises.
d. Occupation- is a mode of acquiring ownership by the seizure or apprehension
of things corporeal which have no owner with the intention of acquiring them
and according to the rules laid down by law. [133.1]
e. Donation
1. ARTICLE 725. Donation is an act of liberality whereby a person
disposes gratuitously of a thing or right in favor of another, who accepts
it. (618a)
III. Enumeration [21 Points]
a. ARTICLE 631. Easements are extinguished: [10 or 11]
1.By merger in the same person of the ownership of the dominant and
servient estates;
2. By nonuser for ten years; with respect to discontinuous easements, this
period shall be computed from the day on which they ceased to be used;
and, with respect to continuous easements, from the day on which an act
contrary to the same took place;
3. When either or both of the estates fall into such condition that the
easement cannot be used; but it shall revive if the subsequent condition
of the estates or either of them should again permit its use, unless when
the use becomes possible, sufficient time for prescription has elapsed, in
accordance with the provisions of the preceding number;
4. By the expiration of the term or the fulfillment of the condition, if the
easement is temporary or conditional;
5. By the renunciation of the owner of the dominant estate;
 6. By the redemption agreed upon between the owners of the dominant
and servient estates. (546a)
7.Annulment or rescission of title constituting the easement
8.Termination of the right of the grantor
9. Abandonment of the servient estate
10. Eminent Domain
b. Characteristics of Easement: [6]
1. It is a real right
2. It is constituted over an immovable
3. It is constituted over another’s property
4. It is an encumbrance
5. It is inseparable from the estate to which it actively or passively belongs
6. It is indivisible
c. Requisites of Occupation: [5]
1. The thing must be a res nullius
2. It must be appropriable by nature at the time of its occupation; it must
be corporeal
3. It must be brought into the actual possession or control of the one
professing to acquire it
4. The persons must acquire it with the intention of acquiring ownership
5. The rules laid down by law must be followed
d. ARTICLE 760. Every donation inter vivos, made by a person having no
children or descendants, legitimate or legitimated by subsequent marriage, or
illegitimate, may be revoked or reduced as provided in the next article, by the
happening of any of these events: [3]
1. If the donor, after the donation, should have legitimate or legitimated or
illegitimate children, even though they be posthumous;
2. If the child of the donor, whom the latter believed to be dead when he
made the donation, should turn out to be living;
3. If the donor should subsequently adopt a minor child. (644a)
IV. Application
a. SECTION 3 - Easement of Right of Way
1. ARTICLE 649. The owner, or any person who by virtue of a real right
may cultivate or use any immovable, which is surrounded by other
immovables pertaining to other persons and without adequate outlet to
a public highway, is entitled to demand a right of way through the
neighboring estates, after payment of the proper indemnity.

Should this easement be established in such a manner that its use may be
continuous for all the needs of the dominant estate, establishing a
permanent passage, the indemnity shall consist of the value of the land
occupied and the amount of the damage caused to the servient estate.

In case the right of way is limited to the necessary passage for the
cultivation of the estate surrounded by others and for the gathering of its
crops through the servient estate without a permanent way, the indemnity
shall consist in the payment of the damage caused by such encumbrance.

This easement is not compulsory if the isolation of the immovable is due

to the proprietor’s own acts. (564a)
 2. ARTICLE 655. If the right of way granted to a surrounded estate ceases
to be necessary because its owner has joined it to another abutting on a
public road, the owner of the servient estate may demand that the
easement be extinguished, returning what he may have received by way
of indemnity. The interest on the indemnity shall be deemed to be in
payment of rent for the use of the easement.

The same rule shall be applied in case a new road is opened giving access
to the isolated estate.

In both cases, the public highway must substantially meet the needs of the
dominant estate in order that the easement may be extinguished. (568a)
b. SECTION 5 - Easement of Light and View
1. ARTICLE 668. The period of prescription for the acquisition of an
easement of light and view shall be counted:
1. From the time of the opening of the window, if it is through a
party wall; or
2. From the time of the formal prohibition upon the proprietor of
the adjoining land or tenement, if the window is through a wall
on the dominant estate. (n)
V. Situation
a. SECTION 7 - Intermediate Distances and Works for Certain Constructions and
Plantings
1. ARTICLE 680. If the branches of any tree should extend over a
neighboring estate, tenement, garden or yard, the owner of the latter
shall have the right to demand that they be cut off insofar as they may
spread over his property, and, if it be the roots of a neighboring tree
which should penetrate into the land of another, the latter may cut them
off himself within his property. (592)
2. ARTICLE 681. Fruits naturally falling upon adjacent land belong to the
owner of said land. (n) nEoimi
b.