Lex Rex Ph

Positive vs. Negative Easement

ElementsPositive EasementNegative Easement
Act of servient estate’s ownerMust allow the owner of dominant estate or the latter must do somethingMust refrain from doing something lawful
Commencement of acquisitive prescriptionDate of enjoyment of easementDate that owner of dominant estate prohibited the servient estate by formal act
Required issanceNANotarial prohibition
ExampleEasement of light on a party wall or wall of anotherEasement of light in one’s own wall (the servient estate cannot build at certain point)
Based on Art. 618 and Cortes v. Yu Tibo

Cortes v. Yu Tibo

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