- Statute
- Civil Code
- Article
- Art. 631
- 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. 546a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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)
Intellegal Wiki · In plain terms
Easements are extinguished in several ways: when one person comes to own both the dominant and servient estates; through non-use for ten years; when the estates' condition makes use impossible (with possible revival); when a temporary or conditional easement's term or condition ends; when the dominant owner renounces it; or by agreed redemption between the owners.
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
- Spouses Salimbangon v. Spouses Tan G.R. No. 185240
- Solid Manila v. Court of Appeals G.R. No. 90596