Text of the provision
Art. 691. In order to impose an easement on an undivided tenement, or piece of land, the consent of all the co-owners shall be required. The consent given by some only, must be held in abeyance until the last one of all the co-owners shall have expressed his conformity. But the consent given by one of the co-owners separately from the others shall bind the grantor and his successors not to prevent the exercise of the right granted.
(597a)
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
To burden an undivided property with an easement, all the co-owners must consent. Consent given by only some is held in abeyance until the last co-owner agrees; meanwhile, a co-owner who consented separately is bound, together with his successors, not to obstruct the exercise of the right he granted.
Related provisions
- Article 690 — Perpetual Easement Needs Both Owners.
- Article 692 — Title Governs Voluntary Easements.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.