Short answer. Yes. Article 630 of the Civil Code is explicit: the owner of the servient estate retains ownership of the portion on which the easement is established. The easement is a burden on the land, not a transfer of it. The servient owner may still use that portion as long as the easement is not affected.
What the law says
The owner of the servient estate retains the ownership of the portion on which the easement is established, and may use the same in such a manner as not to affect the exercise of the easement.
Civil Code, Article 630 — The Servient Owner Keeps Ownership. Read the full provision →
Ownership is retained, not transferred
A common misconception is that granting an easement — especially a right of way — surrenders the land it crosses. Article 630 corrects this directly: "The owner of the servient estate retains the ownership of the portion on which the easement is established." The title stays with the servient owner. What the dominant estate receives is a right to use — not an ownership interest. The servient owner continues to appear on the title, pays the taxes, and legally owns the land, subject only to the obligation not to obstruct the easement.
Continuing use by the servient owner
Article 630 does not freeze the servient portion. The servient owner "may use the same in such a manner as not to affect the exercise of the easement." This means the servient owner can plant crops on either side of a right-of-way, place structures on portions not actually used for the passage, or exploit the land in other ways — provided the dominant estate's ability to exercise the easement is not impaired. The test is whether the servient owner's use affects the exercise of the easement, not whether it changes the aesthetics or convenience of the area.
What the servient owner cannot do
Retaining ownership does not mean the servient owner can act as if no easement exists. Any use that obstructs, narrows, or otherwise impairs the dominant estate's ability to exercise the easement is prohibited. A servient owner who builds a wall across a right of way, for example, violates this limit regardless of the fact that the land belongs to them. The easement is a real right that binds not just the original grantor but also successors-in-interest to the servient estate, so a buyer of the servient land takes it subject to the same restriction.
Why this matters in practice
Understanding that the servient owner keeps title is important in several practical contexts. For tax purposes, the land encumbered by an easement remains part of the servient owner's assessed property. If the dominant estate later abandons the easement or it is extinguished, the servient land is freed of the burden without any need for a transfer back — there was never a transfer of ownership in the first place. It also means the servient owner may sell the land and the buyer takes it subject to the existing easement, while still holding full title to the property.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Sps. Bernabe Mercade, Jr., et al. vs. Sps. Jesus Bardillas and Letecia Gabuya Bardillas, G.R. No. 163157, June 27, 2016 — read the decision on LawPhil →
- Hi-Lon Manufacturing, Inc. vs. Commission on Audit, G.R. No. 210669, August 1, 2017 — read the decision on LawPhil →
- Bicol Agro-Industrial Producers Cooperative, inc. (BAPCI) vs. Edmundo O. Obias, et al, G.R. No. 172077, October 9, 2009 — read the decision on LawPhil →