b. Right of Way

H. Easements; Easement of Right of Way (Civil Code, arts. 613-619 and 649-657)

Easements; Easement of Right of Way (Civil Code, arts. 613-619 and 649-657)

CHAPTER 1

Easements in General

SECTION 1

Different Kinds of Easements

Article 613. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner.

The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate. (530)

Article 614. Servitudes may also be established for the benefit of a community, or of one or more persons to whom the encumbered estate does not belong. (531)

Article 615. Easements may be continuous or discontinuous, apparent or nonapparent.

Continuous easements are those the use of which is or may be incessant, without the intervention of any act of man.

Discontinuous easements are those which are used at intervals and depend upon the acts of man.

Apparent easements are those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same.

Nonapparent easements are those which show no external indication of their existence. (532)

Article 616. Easements are also positive or negative.

A positive easement is one which imposes upon the owner of the servient estate the obligation of allowing something to be done or of doing it himself, and a negative easement, that which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist. (533)

Article 617. Easements are inseparable from the estate to which they actively or passively belong. (534)

Article 618. Easements are indivisible. If the servient estate is divided between two or more persons, the easement is not modified, and each of them must bear it on the part which corresponds to him.

If it is the dominant estate that is divided between two or more persons, each of them may use the easement in its entirety, without changing the place of its use, or making it more burdensome in any other way. (535)

Article 619. Easements are established either by law or by the will of the owners. The former are called legal and the latter voluntary easements. (536)

SECTION 3

Easement of Right of Way

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.

Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate.

In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance.

This easement is not compulsory if the isolation of the immovable is due to the proprietor's own acts. (564a)

Article 650. The easement of right of way shall be established 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. (565)

Article 651. The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate, and may accordingly be changed from time to time. (566a)

Article 652. Whenever a piece of land acquired by sale, exchange or partition, is surrounded by other estates of the vendor, exchanger, or co-owner, he shall be obliged to grant a right of way without indemnity.

In case of a simple donation, the donor shall be indemnified by the donee for the establishment of the right of way. (567a)

Article 653. In the case of the preceding article, if it is the land of the grantor that becomes isolated, he may demand a right of way after paying an indemnity. However, the donor shall not be liable for indemnity. (n)

Article 654. If the right of way is permanent, the necessary repairs shall be made by the owner of the dominant estate. A proportionate share of the taxes shall be reimbursed by said owner to the proprietor of the servient estate. (n)

Article 655. If the right of way granted to a surrounded estate ceases to be necessary because its owner has joined it to another abutting on a public road, the owner of the servient estate may demand that the easement be extinguished, returning what he may have received by way of indemnity. The interest on the indemnity shall be deemed to be in payment of rent for the use of the easement.

The same rule shall be applied in case a new road is opened giving access to the isolated estate.

In both cases, the public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished. (568a)

Article 656. If it be indispensable for the construction, repair, improvement, alteration or beautification of a building, to carry materials through the estate of another, or to raise therein scaffolding or other objects necessary for the work, the owner of such estate shall be obliged to permit the act, after receiving payment of the proper indemnity for the damage caused him. (569a)

Article 657. Easements of the right of way for the passage of livestock known as animal path, animal trail or any other, and those for watering places, resting places and animal folds, shall be governed by the ordinances and regulations relating thereto, and, in the absence thereof, by the usages and customs of the place.

Without prejudice to rights legally acquired, the animal path shall not exceed in any case the width of 75 meters, and the animal trail that of 37 meters and 50 centimeters.

Whenever it is necessary to establish a compulsory easement of the right of way or for a watering place for animals, the provisions of this Section and those of articles 640 and 641 shall be observed. In this case the width shall not exceed 10 meters. (570a)

Easement of Right of Way

Right granted to a person or class of persons to pass over the land of another by using a particular pathway therein, to reach the former estates, which have no adequate outlet to a public highway, subject, however to payment of indemnity to the owner of the servient estate (Art. 649)

Requisites: (OIL-PAN)

• The claimant must own the enclosed immovable or hold a real right over it.
• The immovable must have no adequate outlet to a public highway.
• The right of way must be absolutely necessary.
• The route must cause the least prejudice to the servient estate.
• The isolation must not result from the claimant’s own act.
• Proper indemnity must be paid.

The owner of the dominant estate bears the burden of proving these requirements.

In determining a right of way, the route least prejudicial to the servient estate takes precedence over the shortest distance to the public highway. Distance matters only insofar as it is consistent with the least-prejudicial route. (Reyes v. Spouses Ramos, G.R. No. 194488, February 11, 2015)

On Indemnity

Not compulsory if the isolation of the immovable is due to the proprietor’s own acts

Right of way is granted without indemnity if land was acquired by and is surrounded by the other estates of the vendor, exchanger or co-owner through:

• Sale
• Exchange
• Partition

Extinguishment: Legal or Compulsory Right of Way

• When the dominant estate is joined to another estate (such as when the dominant owner bought an adjacent estate) which is abutting a public road, the access to the public road substantially meeting the needs of the dominant estate
• When a new road is opened giving access to the isolated estate
• In both cases: must substantially meet the needs of the dominant estate. Otherwise, the easement may not be extinguished.
• Extinguishment NOT ipso facto; the servient estate may demand; if he chooses not to, the easement remains and he has no duty to refund indemnity
• If extinguished, must return the amount received as indemnity to the dominant owner without any interest. Interest shall be deemed in payment for the rent.

Article 630 expressly provides that the owner of the servient estate retains ownership of the portion on which the easement is established, and may use the same in such manner as not to affect the exercise of the easement. Thus, the owners of the servient estate retained ownership of the road right-of-way even assuming that said encumbrance was for the benefit of the owner of the dominant estate. (Mercader, Jr. vs. Bardilas, GR No. 163157, 2016)

Under the law, and unlike in purchase of a property, should the right of way no longer be necessary because the owner of the dominant estate has joined it to another abutting on a public highway, and the servient estate demands that the easement be extinguished, the value of the property received by the servient estate by way of indemnity shall be returned in full to the dominant estate. (De Guzman v. Filinvest Development Corporation. GR No. 191710, 2015)

The only servitude which a private owner is required to recognize in favor of the government is the easement of a public highway, way, private way established by law, or any government canal or lateral that has been pre-existing at the time of the registration of the land. If the easement is not pre-existing and is sought to be imposed only after the land has been registered under the Land Registration Act, proper expropriation proceedings should be had, and just compensation paid to the registered owner. (Eslaban v. Vda. De Onorio, GR No. 146062, 2001)

Easement of right of way is discontinuous. A right of way is discontinuous because its use depends on an act of man, such as passage over the servient estate by a person, vehicle, or train. An easement of right of way of railroad tracks is discontinuous because the right is exercised only if and when a train operation by a person passes over another property. (Bomedco v. Valdez, GR No. 124699, 2003)

If the easement is intended to perpetually or indefinitely deprive the owner of his proprietary rights through the imposition of conditions that affect the ordinary use, free enjoyment and disposal of the property or through restrictions and limitations that are inconsistent with the exercise of the attributes of ownership or when the introduction of structures or objects which, by their nature, create or increase the probability of injury, death upon or destruction of life and property found on the land is necessary, then the owner should be compensated for the monetary equivalent of the land (National Power Corporation vs. Tiangco, GR No. 170846, 2007).

Updated: Damage to improvements existing on a road right-of-way at the time of expropriation must be compensated (Republic v. Torres, G.R. No. 274498, 8 April 2026).