Short answer. No. Under Article 640 of the Civil Code, compulsory easements for drawing water or watering animals can only be imposed for reasons of public use, in favor of a town or village, and only after payment of proper indemnity. A private individual cannot demand this type of easement for personal benefit.

What the law says

Compulsory easements for drawing water or for watering animals can be imposed only for reasons of public use in favor of a town or village, after payment of the proper indemnity.

Civil Code, Article 640 — Drawing Water and Watering Animals. Read the full provision →

What Article 640 restricts

Not all easements can be obtained by just anyone for just any purpose. Article 640 of the Civil Code draws a clear line for easements specifically related to drawing water from a source on another person's land, or passing over another person's land to water animals. These are compulsory easements — ones that can be imposed over the owner's objection. The law limits who can demand them and why: only for reasons of public use, and only in favor of a town or village.

A private individual cannot demand this easement

If you are a private person — a farmer, a landowner, a household — who needs access to a neighbor's water source for yourself or your animals, you cannot invoke Article 640 to compel that access. The provision does not exist to serve private interests, no matter how legitimate or pressing your need. The easement is reserved for collective public benefit: a municipality that needs access to a water source for its residents, or a community whose animals need watering. Individual convenience or agricultural need, on its own, does not meet the threshold.

Indemnity is required even for public-use easements

Even when the legal requirements are met — public use, in favor of a town or village — the law still requires payment of the proper indemnity to the landowner before the easement is imposed. This reflects the broader principle in property law that compulsory easements are not takings without compensation. The burdened property owner must be paid fairly for the use of his land. The amount of indemnity would typically be determined by agreement or, failing that, by a court or competent authority.

Other ways a private person might obtain water access

If you are a private individual and you need access to a water source on another person's land, your options lie elsewhere. You may negotiate a voluntary easement or license directly with the landowner, which requires consent and usually payment. Other easements under the Civil Code — such as right of way — have different rules and may or may not apply depending on your situation. Water rights in the Philippines are also governed by other laws beyond the Civil Code. A lawyer can help you identify what, if anything, you can legally demand, and what you would need to negotiate.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.