Is it legal to build a house on a right of way in the Philippines?
Understanding Right of Way
In the Philippines, the concept of "right of way" is a legal term referring to the right granted to a person or entity to pass through property owned by another. This right is often necessary for accessing public roads or other properties and is usually established to ensure that landlocked properties have a means of access.
Legal Basis
The Civil Code of the Philippines provides the legal framework for right of way. According to Article 649 of the Civil Code, property owners who have no access to a public road may demand a right of way from their neighbors, subject to certain conditions and payment of proper indemnity. This legal provision ensures that all properties have access to public roads and necessary utilities.
Restrictions on Building
Building structures, including houses, on a right of way is generally prohibited. The right of way is intended solely for passage and access, not for private construction or exclusive use. Building on a right of way can obstruct access and negate the purpose of the easement, leading to legal disputes and potential demolition orders.
Legal Consequences
Constructing a house or any permanent structure on a designated right of way without proper authorization can result in several legal consequences:
Demolition Orders: Local government units (LGUs) have the authority to issue demolition orders for illegal structures built on rights of way. These orders are enforced to maintain public access and safety.
Legal Action: Affected parties, such as neighbors or property owners who require the right of way for access, can file legal complaints. Courts can issue injunctions to stop construction and order the removal of illegal structures.
Penalties and Fines: Local ordinances may impose penalties and fines on individuals who build on rights of way without proper permits or authorization.
Securing Permits
If there is a necessity to build near or within a right of way, securing proper permits and clearances from the relevant authorities is crucial. This typically involves:
- Consultation with the LGU: Engaging with local government officials to understand zoning regulations and restrictions.
- Engineering and Planning Approval: Obtaining approval from municipal or city engineering and planning offices to ensure the construction complies with local building codes and does not obstruct the right of way.
Conclusion
Building a house or any structure on a right of way in the Philippines is illegal and can lead to significant legal issues, including demolition, fines, and legal disputes. It is essential to respect the intended use of rights of way and seek appropriate permissions and clearances when planning any construction near these areas. Ensuring compliance with local laws helps maintain public order and access, preventing potential conflicts and legal repercussions.