Easement of Party Wall of the The Civil Code of the Philippines

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From the given provision from the Articles in SECTION 4 Easement of Party Wall of the The Civil Code of the Philippines TITLE VII Easements or Servitude, provide a brief explanation and provide a practical example that may be interpreted into an illustration.



SOURCE: https://docs.google.com/document/d/1jnr7k886kvXZmi9FhzdkprHFHkZt1rV1/edit?usp=sharing&ouid=101107662003834250991&rtpof=true&sd=true

 

↓ Format

1) SECTION 4 Easement of Party Wall

ARTICLE 659

Provision: The existence of an easement of party wall is presumed, unless there is a title, or

exterior sign, or proof to the contrary:

(1) In dividing walls of adjoining buildings up to the point of common elevation;

(2) In dividing walls of gardens or yards situated in cities, towns, or in rural communities;

(3) In fences, walls and live hedges dividing rural lands.

→ Explanation: [also provide a practical example that can be later interpreted in an illustration. NOTE: you don’t have to make an illustration. Just provide an example]



 

2) SECTION 4 Easement of Party Wall

ARTICLE 660

Provision: It is understood that there is an exterior sign, contrary to the easement of party

wall:

(1) Whenever in the dividing wall of buildings there is a window or opening;

(2) Whenever the dividing wall is, on one side, straight and plumb on all its facement, and

on the other, it has similar conditions on the upper part, but the lower part slants or

projects outward;

(3) Whenever the entire wall is built within the boundaries of one of the estates;

(4) Whenever the dividing wall bears the burden of the binding beams, floors and roof

frame of one of the buildings, but not those of the others;

(5) Whenever the dividing wall between courtyards, gardens, and tenements is constructed

in such a way that the coping sheds the water upon only one of the estates;

(6) Whenever the dividing wall, being built of masonry, has stepping stones, which at

certain intervals project from the surface on one side only, but not on the other;

(7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed.

In all these cases, the ownership of the walls, fences or hedges shall be deemed to belong

exclusively to the owner of the property or tenement which has in its favor the

presumption based on any one of these signs.

→ Explanation: [also provide a practical example that can be later interpreted in an illustration. NOTE: you don’t have to make an illustration. Just provide an example]