2. Selected Legal Easements

What is the rule regarding the doctrine of apparent sign?

before the alienation, there is no true easement

after alienation:

• there arises an easement if the sign continues to remain unless there is a contrary agreement (the continuance of the sign is the title)
• there is no easement if the apparent sign is removed before the execution of the deed, or if, at the time ownership of the two estates is divided, the contrary is provided in the title of conveyance of either estate (Art. 624)

When is this doctrine applicable?

• Whether only 1 or both estates are alienated,
• Even if there be only 1 estate but there are 2 portions thereof, as long as later on there is a division of the ownership of the said portion,
• Even in the case of division of common property, though this is not an alienation (Art. 624)