- Statute
- Civil Code
- Article
- Art. 624
- 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. 541a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The existence of an apparent sign of easement between two estates, established or maintained by the owner of both, shall be considered, should either of them be alienated, as a title in order that the easement may continue actively and passively, unless, at the time the ownership of the two estates is divided, the contrary should be provided in the title of conveyance of either of them, or the sign aforesaid should be removed before the execution of the deed. This provision shall also apply in case of the division of a thing owned in common by two or more persons. (541a)
Intellegal Wiki · In plain terms
When one owner of two adjoining estates creates or maintains a visible sign of an easement between them and then sells one estate, that sign is treated as a title keeping the easement alive both actively and passively—unless the deed of conveyance provides otherwise or the sign is removed before the deed is executed. The same rule applies when property owned in common is divided.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Spouses Rudy Fernandez v. Spouses Merardo Delfin, the Supreme Court held: Where one owner of two estates establishes an apparent sign of an easement between them and later transfers one estate, the easement arises by title unless the contrary is provided in the deed or the sign is removed (Article 624).
One leading Supreme Court case applying this provision.
Cases applying this article
- Sps. Tedy Garcia v. Loreta T. Santos G.R. No. 228334
- Heirs of the Late Joaquin Limense v. Rita Vda. de Ramos G.R. No. 152319
- Privatization v. Legaspi Towers 300 G.R. No. 147957
- Spouses Rudy Fernandez v. Spouses Merardo Delfin G.R. No. 227917
- Aneco Realty v. Landex Development Corporation G.R. No. 165952