Documente Academic
Documente Profesional
Documente Cultură
Charlotte F. Gallego
October 9, 2013
1. Give the rules on the easement of drainage of waters.
Easements relating to drainage of water are governed by Article 637
(easements on natural drainage of lands) and Article 674 of the Civil Code
(easements on natural drainage of building).
Under Article 637 the lower estates are obliged to receive: a. Water which
naturally and without the intervention of man descends from the higher estates,
and b. The stones and earth carried by the waters. On the other hand, the owner of
the servient estate cannot construct works that would impede the easement.
DUTIES OF THE DOMINANT ESTATE:
A. He cannot make works which will increase the burden
B. But he may construct works preventing erosion
C. If the descending waters are the result of artificial development or proceed from
industrial
establishments recently set up, or are the overflow from irrigation dams, the
owner of the
lower estate shall be entitled to compensation for his loss or damage.
Moreover Article 674 sets the restrictions with respect to the easement of
drainage of building. The owner of a building should let the rain water fall on his
own land, and not on the adjacent land, even if he be a co-owner of the latter. Rain
water must be collected instead of just being allowed to drift to the adjacent or
lower land.
2. May banks of rivers, even of private ownership, be subject to easement? What
are the requisite legal distance according to the water code (PD 2067)?
Yes, as provided under Article 638, the banks of rivers and streams, even in
case they
are of private ownership, are subject throughout their entire length and within a
zone of three meters along their margins, to the easement of public use in the
general interest of navigations, floatage, fishing and salvage.
3. Can the easement relating to navigating and floatage exist even without
compensation?
The proper indemnity shall first be paid if a private land is subjected to
easements.
Conversely, no indemnity is required if the land is of public ownership.
4. When may compulsory easement for drawing water or for watering animals
be imposed? What obligation does such easement include?
The requirements needed in order that compulsory easements for drawing
water or for watering animals to exist are the following:
23. Give the rules and distances required in the making of windows, apertures,
balconies, or other similar projections affording direct view towards the
adjoining land or tenement.
For windows with direct views, observe at least 2 meters distance between
the wall having the windows and the boundary line. Moreover, for windows having
side or oblique views, observe a distance of at least 60 cms. between the boundary
line and nearest edge of the window.
24. How should the owner of a building construct its roof or covering especially
with regard to the fall of rainwater?
The owner of a building shall be obliged to construct its roof or covering in
such manner that the rain water shall fall on his own land on a street or public place,
and not on the land of his neighbor.
25. How should trees, bushes, shrubs be planted near a tenement or piece of land
belonging to another?
No trees shall be planted near a tenement or piece of land belonging to
another except at the distance authorized by the ordinances or customs of the place,
and, in the absence thereof the following rules shall be followed:
1. Tall trees2 meters from boundary line to center of tree
2. Small trees or shrubs50 centimeters from boundary line to center of tree or
shrub
26. If the branches of any tree should extend over to a neighboring estate is the
owner of the latter estate legally allowed to cut the branches now extending
over his property?
No, however If the branches of any tree should extend over a neighboring
estate, tenement, garden or yard, the owner of the latter shall have the right to
demand that they be cut off insofar as they may spread over his property.
27. If the roots of a tree should extend into a neighboring estate, can the owner of
the latter estate legally cut off the roots?
Yes, if it be the roots of a neighboring tree which should penetrate into the
land of another, the latter may cut them off himself within his property.
28. To whom do fruits naturally falling upon adjacent land belong? What about
the fruits extending over the adjacent land but have not yet fallen, does the
owner of the adjacent land given by law to gather them?
RULES AS TO FRUITS:
1. If the fruits still hang on the tree, they are still owned by the tree owner
2. It is only after they have naturally fallen that they belong to the owner of the
invaded land.
29. Every building or piece of land is deemed by law subject to what easement?
Every building or piece of land is subject to the easement against nuisance,
which prohibits the proprietor or possessor from committing nuisance through
noise, jarring, offensive odor, smoke, heat, dust, water, glare and other causes.
30. How should a proprietor make an excavation upon his land?
The proprietor should make an excavation in a manner which shall not
deprive any adjacent land or building of sufficient lateral or subjacent support.