Civil Code Art. 618: Easements in General

Statute: Civil Code
Article: Art. 618
Topic: Easements in General
Status: In force
Book: BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Title: TITLE VII EASEMENTS OF SERVITUDES
Chapter: CHAPTER 1 Easements in General
Formerly: Art. 535 of the old Civil Code
Year: 1949
Cited by: A Supreme Court decision

The provision

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)

Intellegal Wiki · In plain terms

Easements cannot be split apart. If the burdened (servient) land is divided among several owners, each portion still carries the easement; if the benefited (dominant) land is divided, each co-owner may use the whole easement but cannot relocate it or make it more burdensome.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Unisource Commercial v. Joseph Chung G.R. No. 173252

Related provisions in this Chapter

Civil Code, Art. 617 Easements in General
Civil Code, Art. 620 Easements in General
Civil Code, Art. 622 Easements in General
Civil Code, Art. 613 Easements in General
Civil Code, Art. 623 Easements in General
Civil Code, Art. 624 Easements in General
Civil Code, Art. 625 Easements in General

Civil Code, Art. 618 is found in CHAPTER 1 Easements in General of TITLE VII EASEMENTS OF SERVITUDES of BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.