- Statute
- Philippine Civil Code
- Article
- Art. 623
- 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. 540a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
The absence of a document or proof showing the origin of an easement which cannot be acquired by prescription may be cured by a deed of recognition by the owner of the servient estate or by a final judgment. (540a)
Intellegal Wiki · In plain terms
When an easement cannot be acquired by prescription and there is no document or proof showing how it originated, that gap can be cured either by the owner of the burdened (servient) land signing a deed acknowledging the easement, or by a final court judgment establishing it.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Paulo Laureta v. Pedro Emilio Mata G.R. No. 19740
Related provisions in this Chapter
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