Civil Code Art. 661: Legal Easements

Statute: Civil Code
Article: Art. 661
Topic: Legal Easements
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

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)

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

Related provisions in this Chapter

Civil Code, Art. 659 Legal Easements
Civil Code, Art. 657 Legal Easements
Civil Code, Art. 665 Legal Easements
Civil Code, Art. 656 Legal Easements
Civil Code, Art. 668 Legal Easements
Civil Code, Art. 651 Legal Easements

Civil Code, Art. 661 is found in CHAPTER 2 Legal Easements 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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