Text of the provision
Art. 641. Easements for drawing water and for watering animals carry with them the obligation of the owners of the servient estates to allow passage to persons and animals to the place where such easements are to be used, and the indemnity shall include this service.
(556)
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 for drawing water and watering animals carry the obligation of the servient owners to allow passage to persons and animals to the place where they are to be used — the indemnity including this burden.
An easement to draw water or water animals would be of little use if the person entitled to it could not physically reach the water source, so this article attaches a further obligation to the servient owner: allowing the passage of the persons and animals that need to reach the place where the easement is exercised. Because this passage is treated as part of the same easement rather than a separate burden, the indemnity paid to the servient owner for the water easement already covers the added inconvenience this passage entails.
Questions about this provision
- Can a neighbor demand a path across my land for animals or watering?
- If a compulsory easement for drawing water or watering animals is granted, does it automatically include the right to pass through the servient land to reach the water?
- How wide can an easement of animal path or animal trail across my land be?
Related provisions
- Article 640 — Drawing Water and Watering Animals.
- Article 642 — The Right to Make Water Flow Through Others' Land.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.