- Statute
- Philippine Civil Code
- Article
- Art. 659
- Topic
- Legal Easements
- Status
- In force
- Book
- BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
- Title
- TITLE VII EASEMENTS OF SERVITUDES
- Chapter
- CHAPTER 2 Legal Easements
- Formerly
- Art. 572 of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
The existence of an easement of party wall is presumed, unless there is a title, or exterior sign, or proof to the contrary: (1) In dividing walls of adjoining buildings up to the point of common elevation; (2) In dividing walls of gardens or yards situated in cities, towns, or in rural communities; (3) In fences, walls and live hedges dividing rural lands. (572)
Intellegal Wiki · In plain terms
A shared party wall is presumed to exist unless a title, an exterior sign, or other proof shows otherwise. This presumption covers the dividing walls of adjoining buildings up to their common height, the dividing walls of gardens or yards in cities and towns, and fences, walls, or live hedges separating rural lands.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Florencio Rufo Fabie v. Pedro Yulo G.R. No. 8109