Short answer. Under Article 620 of the Civil Code, a continuous and apparent easement can be acquired in one of two ways: by virtue of a title, or by prescription of ten years. Both modes are recognized, but only these two — no other basis suffices for this category of easement.
What the law says
Continuous and apparent easements are acquired either by virtue of a title or by prescription of ten years.
Civil Code, Article 620 — Acquisition by Title or Ten-Year Prescription. Read the full provision →
Two modes of acquisition under the Civil Code
Article 620 of the Civil Code states: "Continuous and apparent easements are acquired either by virtue of a title or by prescription of ten years." The provision is brief but significant. It restricts the modes of acquiring this type of easement to exactly two, and sets the prescriptive period at ten years — shorter than the twenty or thirty years required for other property rights. Both modes stand on equal footing; a party may rely on title if one exists, or on long, uninterrupted use if the ten-year period has been completed.
What makes an easement continuous and apparent
Before acquiring an easement under Article 620, it must qualify as both continuous and apparent. A continuous easement is one whose use is, or may be, incessant without the intervention of any act of man — such as a drainage channel that carries water automatically. An apparent easement is one made known and kept in view by external signs that reveal the use and enjoyment of the easement — such as a roadway, an aqueduct, or a window. Both characteristics must be present. Easements that are discontinuous, or those that have no external visible sign, fall under a different rule and cannot be acquired by prescription regardless of how long they have been used.
Acquiring by title
A title in the easement context means a legal document or instrument that grants and establishes the right — such as a deed, a deed of easement, or a judicial decree. The title must actually create or recognize the easement; a vague reference in a deed of sale to a right of way, without clear terms, may not suffice. When a valid title exists, the ten-year prescription period is irrelevant: the easement is constituted from the moment the title takes effect, and the party holding it does not need to prove any period of use.
Acquiring by ten-year prescription
Where no title exists, the alternative is prescription of ten years. This requires actual, open, continuous, and adverse use of the easement for the full period. The user must exercise the right as of right, not as a mere tolerance of the servient owner. If the use was permissive — allowed by the owner as a courtesy rather than claimed as a legal right — it does not give rise to prescriptive acquisition no matter how long it has gone on. The ten-year count runs from when the use began in the legally required manner, and it must be uninterrupted throughout.
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.
- Bogo-Medellin Milling Co., Inc., vs. Court of Appeals, et al, G.R. No. 124699, July 31, 2003 — read the decision on LawPhil →
- National Power Corporation vs. Sps. Jose C. Campos, Jr., et al, G.R. No. 143643, June 27, 2003 — read the decision on LawPhil →
- National Power Corporation vs. Heirs of Macabangkit Sangkay, namely: Cebu, Batowa-an, et al., all surnamed Macabangkit, G.R. No. 165828, August 24, 2011 — read the decision on LawPhil →