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

Other Content You May Be Interested In:

“Yamashita Standard”

Also known as “Command Line Responsibility” or “Command Responsibility, is when the law of war imposes on an army commander a duty to take such

Read More »

Commodatum

Commodatum is when one party (bailor) delivers a thing to another (bailee) so that the latter may use the same for a certain time and

Read More »

Circumstantial Evidence

evidence that “indirectly proves a fact in issue through an inference which the fact-finder draws from the evidence established. Resort thereto is essential when the

Read More »
en_USEnglish