bs lesson 2

Lot

A recognized subdivision of property with a written legal description that addresses permissions or constraints upon its development. When someone buys a large parcel of land and subdivides it into smaller parcels or lots that are approved by the county or city, it becomes a subdivision. A lot is also a parcel of land on which a principal building and its accessories are placed or may be placed together with the required open spaces.

Subdivision

When someone buys a large parcel of land and subdivides it into smaller parcels or lots that are approved by the county or city, it becomes a subdivision.

Lot Line

The boundary (perimeter) line of a lot or parcel of land. Lot lines or property lines are typically lines plotted on a map, plat or survey.

Property Line

Another term used for a lot line; it is the line of demarcation between either public and private property.

Line of Demarcation

The line of demarcation between either public and private property.

Easement

An easement gives someone the right to use a section of land for a specific purpose even though they are not the owner of that land. Typically this could be for an access way like a road or an easement for drainage or utilities. You can build under or over an easement if the work will not have a material interference with the easement.

Road Right-of-Way

An example of an easement that provides a legal right to use land for access by road.

Utility Easement

An easement provided for utilities.

Drainage Easement

An easement provided for drainage.

Strip of Land Reserved for Access

A strip of land reserved for access to an adjacent property; this is an example of an easement.

Legal Right Under an Easement

When someone is granted an easement, they are granted the legal right to use the property, but the legal title to the land itself remains with the owner of the land.

Dominant Tenement

The property that benefits from an easement. The diagram on page 7 identifies Lots 1 and 3 as dominant tenements.

Servient Tenement

The property over which the easement exists or which is burdened by the easement. The diagram on page 7 identifies the area containing Lot 2 as the servient tenement.

Setback

A distance from a curb, property line, or structure within which building is prohibited.

Building Restriction

Setbacks are building restrictions imposed on property owners

Purpose of Setbacks

Local governments create setbacks through ordinances and Building Codes, usually for reasons of public policy such as safety, privacy, and environmental protection.

Zoning Restriction

A setback is a zoning restriction imposed by a zoning department. It is for the protection of adjacent property owners against someone building too close to a boundary line.

Buildable Area

The area inside the lot after the required setback areas have been established. The diagram on page 9 labels the interior portion as the Buildable Area

Minimum Easement of Two Meters

Privacy — Articles 670 and 682 of R.A. No. 386, the 1949 Civil Code of the Philippines, speak of the minimum easement of 2.0 m

Privacy — Articles 670 and 682 of R.A. No. 386, the 1949 Civil Code of the Philippines, speak of the minimum easement of 2.0 m

The 2.0 m easement or setback must be measured from the property line to the centerline of the window glass or exterior wall.

Privacy Easement Vertical Extent

The easement extends all the way to the ceiling of the roof extension (i.e. the eaves).

Architectural Projections in Privacy Easement

No balconies or cantilevered wall projections, or enclosed spaces with windows, are permitted.

Clear Air Space Above Privacy Easement

The air space above the 2.0 m easement must be kept clear of any architectural projections, particularly balconies that bring the eyes closer to the property line and compromise the privacy of the neighbor.

P.D. No. 1096 — The 1977 National Building Code of the Philippines (NBCP).

Sections 708, 801 and 804 speak of courts or yards determined by the right-angle application, reckoned from property lines, of easements or setbacks.

Minimum Easement for Natural Light and Ventilation

The minimum easement is 2.0 m from the property line to the outermost face of the building, for the reason of natural light and ventilation.

Natural Light and Ventilation Easement Measurement

The 2.0 m easement or setback must be measured from the property line to the face of the exterior wall.

Building Area

The area within the inside lines represents the building areas.

Allowable Building Space

To determine allowable space for building, draw lines within and parallel to the property line to represent the code minimum distance.

Frontage Setback

3.0 meters

Side Setback

2.0 meters.

Rear Setback

2.0 meters.