Dear Atty. Joji,
I own a property, a farm to be exact. The route though, before I get to my farm, will touch a neighbor’s property. Since my farm is enclosed by other properties, can I demand a right of way? Thank you po.
Gerard
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Dear Gerard,
To answer your question, we shall refer to Article 649 of the New Civil Code, which reads as follows:
“Article 649. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity. xxx” (Emphasis supplied).
To be entitled to an easement of right of way, the following requisites should be met:
— The dominant estate is surrounded by other immovables and has no adequate outlet to a public highway
— There is payment of proper indemnity
— The isolation is not due to the acts of the proprietor of the dominant estate
— The right of way claimed is at the point least prejudicial to the servient estate; and insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest.
One of the requisites for a compulsory grant of right of way is that the estate of the claimant of a right of way must be isolated and without outlet to a public highway. In the case of Dichoso Jr. vs Marcos (GR 180282, 11 April 2011), the Court ratiocinated, through Associate Justice Antonio Eduardo Nachura, that “the true standard for the grant of compulsory right of way is adequacy of outlet going to a public highway and not the convenience of the dominant estate.” (Emphasis supplied)
Hope this helps.
Atty. Joji Alonso