Text of the provision
Art. 636. Easements established by law in the interest of private persons or for private use shall be governed by the provisions of this Title, without prejudice to the provisions of general or local laws and ordinances for the general welfare. These easements may be modified by agreement of the interested parties, whenever the law does not prohibit it or no injury is suffered by a third person.
(551a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Easements established by law in the interest of private persons are governed by this Title, without prejudice to special laws and to local ordinances and customs.
Unlike the public-use easements addressed in the preceding article, easements created by law for the benefit of private persons are governed primarily by this Title itself, without prejudice to general or local laws enacted for the general welfare. The second sentence gives these legal easements a flexibility public easements lack: because they exist for private benefit, the interested owners may modify their terms by agreement, so long as the modification is not otherwise prohibited by law and does not injure a third person.
Questions about this provision
Related provisions
- Article 635 — Easements for Public Use.
- Article 637 — Natural Drainage.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.