Civil Code Art. 630: Easements in General

Statute: Civil Code
Article: Art. 630
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
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

The owner of the servient estate retains the ownership of the portion on which the easement is established, and may use the same in such a manner as not to affect the exercise of the easement. (n)

Intellegal Wiki · In plain terms

The owner of land burdened by an easement (the servient estate) keeps ownership of the affected portion and may continue using it. That use, however, must not interfere with the other party's exercise of the easement.

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

Cases applying this article

Bicol Agro-Industrial Producers Cooperative v. Edmundo O. Obias G.R. No. 172077
Spouses Bernabe Mercader, Jr. v. Spouses Jesus Bardilas G.R. No. 163157

Related provisions in this Chapter

Civil Code, Art. 631 Easements in General
Civil Code, Art. 633 Easements in General
Civil Code, Art. 625 Easements in General
Civil Code, Art. 624 Easements in General
Civil Code, Art. 623 Easements in General
Civil Code, Art. 622 Easements in General
Civil Code, Art. 620 Easements in General

Civil Code, Art. 630 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 Provisions may have been amended or repealed.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.