Short answer. An easement is a burden on one immovable for the benefit of another belonging to a different owner. Article 613 names them: the property that enjoys the benefit is the dominant estate, and the property that bears the burden is the servient estate. So the land favored by the easement is dominant; the land it is imposed on is servient.
What the law says
The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate.
Civil Code, Article 613 — Easement Defined. Read the full provision →
What an easement is
Article 613 begins by defining the relationship. An easement, or servitude, is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. It is a burden on one piece of land that serves the needs of another piece of land, and the two must belong to different owners, since one cannot have an easement over one's own property in this sense. A common example is a right of way, where one parcel is burdened to give passage to another. The easement links two properties in a relationship of benefit and burden.
The dominant estate
The article gives each side a name. It provides that the immovable in favor of which the easement is established is called the dominant estate. The dominant estate is the property that receives the advantage, the land whose needs the easement serves. Its owner is the one entitled to exercise the easement, such as passing over the neighbouring land, drawing water across it, or receiving light through it. When people speak of who benefits from an easement, they are speaking of the dominant estate and its owner.
The servient estate
The other side is the burdened land. Article 613 continues that the immovable subject to the easement is called the servient estate. The servient estate is the property that carries the encumbrance, the land over which the easement is exercised. Its owner must tolerate the use or refrain from acts inconsistent with the easement, though he keeps ownership and may use his land in ways that do not impair the servitude. The servient estate serves the dominant estate, which is where the terms dominant and servient come from.
Why the labels matter
Knowing which property is dominant and which is servient is the starting point for almost every question about an easement. The dominant owner holds the right and may generally do what is necessary to use and preserve the easement; the servient owner bears the burden and must not defeat it, while retaining ownership of his land. Rights, duties, maintenance obligations, and remedies all flow from this distinction. So when analysing any easement, the first step is to identify the dominant estate that benefits and the servient estate that is burdened.
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.
- Privatization Management Office vs. Legaspi Towers 300, Inc, G.R. No. 147957, July 22, 2009 — read the decision on LawPhil →
- Spouses Rosemary D. Gabatan and Alexander N. Gabatan vs. Dominga B. Ahlgren, G.R. No. 248685, July 7,2025 — read the decision on LawPhil →
- Spouses Rudy Fernandez and Cristeta Aquino vs. Spouses Merardo Delfin and Angelita Delfin, G.R. No. 227917, March 17, 2021 — read the decision on LawPhil →
- Sps. Tedy Garcia and Pilar Garcia vs. Loreta T. Santos, Winston Santos and Conchita, G.R. No. 228334, June 17, 2019 — read the decision on LawPhil →