Text of the provision
Art. 658. The easement of party wall shall be governed by the provisions of this Title, by the local ordinances and customs insofar as they do not conflict with the same, and by the rules of co-ownership.
(571a)
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
The easement of party wall is governed by this Title, by local ordinances and customs insofar as they do not conflict with it, and by the rules on co-ownership.
This provision sets a hierarchy for filling gaps in the rules on party walls: the specific provisions of this Title apply first, local ordinances and customs apply next but only insofar as they do not conflict with those provisions, and the general rules on co-ownership apply last, since a party wall is in substance property held in common by two adjoining owners. This layered approach reflects that a party wall is both an easement and a form of shared ownership.
Questions about this provision
- Since a party wall follows the rules on co-ownership, can I force my neighbor to partition or physically divide it?
- What rules govern a party wall shared between two neighboring houses in the Philippines?
Related provisions
- Article 657 — Animal Paths and Watering Places.
- Article 659 — When a Party Wall Is Presumed.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.