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DUTIES OF THE SERVIENT ESTATE

> The owner cannot construct works that would impede the easement

DUTIES OF THE DOMINANT ESTATE


1. He cannot make works which will increase the burden
2. But he may construct works preventing erosion
3. If the descending waters are the result of artificial development or proceed
from industrial establishments recently set up, or are the overflow from irrigation
dams, the owner of the lower estate shall be entitled to compensation for his
loss or damage

CONSTRUCTION OF A STOP LOCK OR SLUICE GATE


1. Purpose must be for irrigation or improvement
2. The construction must be on the estate of another
3. Damages must be paid
4. Third persons shouldnt be prejudiced

Art. 648. The establishment, extent, form and conditions of the servitudes of
waters, to which this section refers, shall be governed by the special laws
relating thereto insofar as no provision therefor is made in this Code. (563a)

PROVISIONS THAT GOVERN EASEMENTS RELATING TO


WATERS
> Civil code provisions on easement of waters prevail over special laws
> In case of conflict between special laws and the new CC, the latter prevails
As for the subject backfillingtouching the perimeter fence of the Uy property, records show that the
said fence was not designed to act as a retaining wall but merely to withhold windload and its own
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load. Both the RTC and the CA found the subject backfilling to have added pressure on the
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fence, consequently endangering the safety of the occupants of the Uy property, especially
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considering the higher elevation of the Rana property. With these findings, the Court thus agrees
with the courts a quothat there is a need for Linda Rana to construct a retaining wall which would
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bear the weight and pressure of the filling materials introduced on their property. The Court,
however, observed that neither the RTC nor the CA specified in their respective decisions the
backfilled areas which would require the retaining wall.