Lex Rex Ph

Continuous vs. Discontinuous Easements

ElementContinuousDiscontinuous
UseIncessantIntervals or intermittent
Usage by human interruptionNoYes
EstablishmentHuman actionHuman action
ExerciseNo human actionNeeds human action
ExampleThe easement of drainage, and right to support beam on another’s wallRight of way because easement is only exercised when someone walks on it
AqueductYes, by lawNo, even used in intervals
Prescription (Art. 620)Runs if easement is also apparentDoes not run whether apparent or not
Article 615 of New Civil Code

Other Content You May Be Interested In:

Respect

One unavoidable consequence of everyone having the freedom to choose is that others may make different choices – choices we would not make for ourselves, choices we may disapprove of, even choices

Read More »

Law and Religion

A law must have an articulable and discernible secular purpose and justification to pass the scrutiny of the religion clauses. – Justice Del Castillo in Ang Ladlad vs COMELEC

Read More »

Janice Marie Jao vs. CA (1987)

Topics: DNA Testing, Paternity Test Facts Petitioner, represented by her mother Arlene Salgado, filed a case for recognition and support against Perico V. Jao. Perico denied the paternity so they agreed to

Read More »

Doctrine of Apparent Authority

The Doctrine of Apparent Authority is applied when a corporation knowingly permits one of its officers or agent to act within the scope of apparent authority. This doctrine is present when the

Read More »

Bautista vs. Salonga Digest

G.R. No. 86439, 13 April 1989 Facts In August 1987, President Cory, through a letter, designated Mary Bautista first as “Acting Chairman of CHR” then as permanent. She then took oath before

Read More »

Liyao vs. Liyao Digest

G.R. No. 138961. March 7, 2002 Facts William Liyao Jr. filed an action for compulsory recognition as the illegitimate son of William Liyao. Corazon, the mother of Liyao Jr. allegedly cohabited with

Read More »
en_USEnglish