The Easement Of Lateral And Subjacent Support agreement is crucial in Philippine urban development where properties rely on neighboring structures or land for physical support. This document becomes necessary when construction, excavation, or development activities could affect the structural integrity of adjacent properties. It's particularly relevant in dense urban areas where buildings share common walls or where deep foundations affect neighboring properties. The agreement must comply with the Civil Code of the Philippines, particularly Articles 684-686 regarding support easements, while also adhering to the National Building Code and local building regulations. It includes technical specifications, maintenance obligations, access rights, and liability provisions to ensure proper property support and risk management.
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1. Parties: Identification of the dominant estate owner (beneficiary of the support) and servient estate owner (provider of the support)
2. Background: Context of the agreement, description of the properties involved, and the need for lateral and subjacent support
3. Definitions: Key terms including 'lateral support', 'subjacent support', 'dominant estate', 'servient estate', and technical terms
4. Grant of Easement: Formal creation and scope of the easement rights for lateral and subjacent support
5. Nature and Extent of Support: Detailed description of the type and extent of support required and provided
6. Technical Requirements: Specific structural and engineering requirements for maintaining proper support
7. Maintenance and Repairs: Obligations for maintaining support structures and conducting necessary repairs
8. Rights of Access: Conditions under which the dominant estate owner may access the servient estate for inspection or maintenance
9. Prohibited Activities: Activities that could compromise the support structure or violate the easement
10. Liability and Indemnification: Allocation of risks and responsibilities between the parties
11. Term and Termination: Duration of the easement and conditions for modification or termination
12. Governing Law and Jurisdiction: Confirmation of Philippine law application and jurisdiction for disputes
13. Execution: Signature blocks and notarization requirements
1. Construction Requirements: Temporary provisions during initial construction or major renovations
2. Multiple Property Provisions: Additional provisions when more than two properties are involved in the support arrangement
3. Environmental Compliance: Specific provisions related to environmental protection and compliance
4. Insurance Requirements: Specific insurance obligations for either party
5. Dispute Resolution: Alternative dispute resolution procedures before court litigation
6. Assignment and Succession: Rules for transferring easement rights with property ownership
7. Emergency Procedures: Protocols for handling emergency situations affecting support structures
1. Property Details: Legal descriptions and boundaries of both dominant and servient estates
2. Technical Specifications: Detailed engineering specifications and drawings for support structures
3. Maintenance Schedule: Timeline and specifications for regular maintenance activities
4. Site Plan: Detailed plans showing the location and extent of support structures
5. Photographs: Current condition documentation of both properties and support structures
6. Engineering Reports: Professional assessments and certifications of support requirements
7. Contact Information: List of key contacts including engineers, contractors, and emergency contacts
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