EASEMENTS RELATING TO

WATER
 EASEMENTS RELATING TO WATER
• THE FOLLOWING ARE EASEMENTS RELATING TO WATER:
1. EASEMENT OF DRAINAGE OF WATER
2. EASEMENT FOR PUBLIC USE
3. EASEMENT FOR DRAWING WATERS
4. EASEMENT OF ABUTMENT OF DAM
5. EASEMENT OF AQUEDUCT
6. CONSTRUCTION OF A STOP LOCK OR SLUICE GATE
EASEMENTS OF DRAINAGE OF
WATERS
 EASEMENT OF DRAINAGE OF WATERS

• An easement exists when, based on the physical condition

of two estates, waters descend naturally and without the
intervention of man from a higher estate (the DOMINANT
estate) to a lower estate (the SERVIENT estate). This is called
“easement of drainage of waters”
 EASEMENT OF DRAINAGE OF WATERS

• This easement must be classed among the continuous ones

and it is subject to extinction by non-user for a period of ten
years computed from the day on which an act contrary to
the easement took place, such as building of dikes
EASEMENTS OF PUBLIC USE
 EASEMENT OF PUBLIC USE
• The bank or rivers and streams and the shores of the seas and lakes
throughout their entire length and within a zone of three (3) meters
in urban areas, 20 meters in agricultural areas and 40 meters in
forest areas, along their margins, are subject to the easement of
public use in the interest of recreation, navigation, floatage, fishing,
and salvage. However, no person shall be allowed to stay in this zone
longer than what is necessary for recreation, navigation, floatage,
fishing, salvage or to build structures of any kind.
EASEMENT FOR DRAWING WATERS
EASEMENT FOR DRAWING WATERS
EASEMENT FOR DRAWING WATERS
EASEMENT FOR DRAWING WATERS
EASEMENT OF ABUTMENT OF DAM
EASEMENT OF ABUTMENT OF DAM
EASEMENT OF AQUEDUCT
 EASEMENT OF AQUEDUCT

• Aqueduct - it is a conduit or artificial channel for the conduction

of water from a distance.

• If a person wishes to use upon his estate any water of which he

can dispose, he shall have the right to make it flow through
intervening estates.
 EASEMENT OF
AQUEDUCT

An example of an
aqueduct is an
Irrigation Canal
 EASEMENT OF
AQUEDUCT
There may be a considerable
distance from the source to the
property of the one who
wishes to use the water, hence
the canal must pass through
the intervening properties
belonging to another
ILLUSTRATION
ILLUSTRATION

IRRIGATION
CANAL
 EASEMENT OF AQUEDUCT

• Requisites:
 He who wants to establish the easement of aqueduct must be able to prove
that he can dispose of the water
 He must prove that it is sufficient for the use
 The proposed right of way is the most convenient and least onerous to third
persons affected
 He must indemnify the owners of the servient estates, as well as the owners
of the lower estates upon which the waters may filter or descend
 EASEMENT OF AQUEDUCT

• RIGHTS OF THE SERVIENT ESTATE

 The owner of the servient estate has the right to close or fence his estate
but he may not refuse the entry of the holder of the easement if the
purpose is to clean, to repair or to replace the aqueduct or to remove any
obstruction therefrom.

The owner of the servient estate has the right to build over the aqueduct
provided that the same does not cause injury to the aqueduct or render the
repairs and cleanings impossible.
ILLUSTRATION
B retains the right to close or
fence his property or to build
over the aqueduct as long as it
is in such a manner as not to
cause any injury or render
necessary repairs and cleanings
impossible

B, however cannot refuse the

entry of A if the purpose of the
entry is to clean, to repair or to
replace the aqueduct or to
remove any obstruction
therefrom
 EASEMENT OF AQUEDUCT

• NATURE OF EASEMENT
• For legal purposes, the easement of aqueduct shall be considered
continuous and apparent, even though the flow of the water may
not be continuous or its use depends upon the needs of the
dominant estate or upon a schedule of alternate days or hours.
• It may be acquired by title or by prescription
CONSTRUCTION OF A STOP LOCK OR A SLUICE
GATE
 STOP LOCK OR A SLUICE GATE

• One who for the purpose of irrigating or improving his

estate, has to construct a stop lock or sluice gate in the bed
of the stream from which the water is to be taken, may
demand that the owners of the bank permit its
construction, after payment of damages, including those
caused by the new easement to such owners and to the
other irrigators
STOP LOCK OR A SLUICE GATE

• SLUICE GATE
• A SLIDING GATE OR OTHER DEVICE FOR
CONTROLLING THE FLOW OF WATER,
ESPECIALLY ONE IN A LOCK GATE
ILLUSTRATION
Q: What is the remedy of A
when because of the strong
and rapid flow of the water
source, his estate is already
being flooded?
ILLUSTRATION
A: A may demand B to
allow him to build a
stop lock or a sluice
gate but with the
correlative obligation to
pay damages

Sluice Gate to control the level

and flow from the water source