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:

Action in rem

Actions in rem are actions against the thing itself. They are binding upon the whole world.59 The phrase, “against the thing,” to describe in rem

Read More »

Briones vs. CA

Remedial Law: Plaintiff not expected to comply with the stipulation of venue on the agreement if he sails the validity of the latter. Compliance therewith

Read More »

Lawyers

“A bad lawyer is one who fails to spot problems, a good lawyer is one who perceives the difficulties, and the excellent lawyer is one

Read More »
en_USEnglish