Text of the provision
Art. 693. If the owner of the servient estate should have bound himself, upon the establishment of the easement, to bear the cost of the work required for the use and preservation thereof, he may free himself from this obligation by renouncing his property to the owner of the dominant estate.
(599)
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 renderings and the Official Gazette, all three of which agree word for word.
What this article means
The last article of the chapter on voluntary easements, immediately before the Code turns to nuisance. If, when the easement was created, the owner of the servient estate bound himself to shoulder the cost of the work needed to use and preserve the easement, he is not locked into that promise forever: he may free himself of the obligation by renouncing his property in favor of the dominant estate's owner. It mirrors the general co-ownership rule that no one may be compelled to keep contributing to the upkeep of a burden except by giving up the corresponding right or interest.
Related provisions
- Article 692 — Title Governs Voluntary Easements.
- Article 694 — Nuisance Defined.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.