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

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