- Statute
- Philippine Civil Code
- Article
- Art. 661
- 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. 574 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Ditches or drains opened between two estates are also presumed as common to both, if there is no title or sign showing the contrary. There is a sign contrary to the part-ownership whenever the earth or dirt removed to open the ditch or to clean it is only on one side thereof, in which case the ownership of the ditch shall belong exclusively to the owner of the land having this exterior sign in its favor. (574)
Intellegal Wiki · In plain terms
Ditches or drains running between two neighboring estates are presumed to belong to both owners in common, unless a title or sign proves otherwise. The tell-tale sign of sole ownership is that the earth dug out to open or clean the ditch was piled on only one side; the owner of that side then owns the ditch alone.
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
- Lucia Perez v. Domingo Cortes G.R. No. 3821
- Agaton Araneta v. Braulio Montelibano G.R. No. 4177
- Manuel Barrios y Barredo v. Maria Pascuala Dolo G.R. No. 559