Simplified Query: What legal protections exist for a right of way that has been used for over 50 years but is suddenly blocked by a new landowner in the Philippines?
In the Philippines, the right of way is a critical issue, especially in cases where land access is necessary for the ingress and egress of an adjoining property that lacks frontage to a public road. The Civil Code of the Philippines provides specific provisions that protect these rights, ensuring that no property is completely isolated by the actions of surrounding landowners.
Civil Code Provisions on Right of Way
Under Articles 649 and 650 of the Civil Code, a landowner whose property is surrounded by other properties and without adequate access to a public road can claim a right of way through adjacent lands. This is provided they pay the proper indemnity. If the right of way has been established for a period exceeding ten years, it gains a prescriptive right, which legally allows continued use of the path or road.
Easement of Right of Way
An easement of right of way does not allow a neighboring landowner to unilaterally close off access, especially if the easement has been actively used. If a new landowner blocks this access, the party deprived of such access can bring a case to court to restore their right of way. Courts typically consider factors such as the shortest distance to the public road and the least prejudice to the servient estate (the land over which the right of way is exercised).
Legal Actions to Restore Access
The affected party may file for a legal easement of right of way in the Regional Trial Court of the area where the property is located. This action requires proving the existence of an easement, whether formally recorded or established by precedent and continuous use over the years. Documentation such as deeds, historical use, or witness testimonies can support the case.
Preventing Unlawful Closure
If an established right of way is suddenly closed by a new landowner, the affected individual can also seek a preliminary injunction or a restraining order pending the litigation of the case. This legal measure temporarily restores access until the court makes a final decision.
Role of Barangay and Local Government Units
Before proceeding to court, the matter can also be brought before a Barangay for mediation. Barangay officials may help negotiate a settlement between parties to avoid prolonged litigation. Local government units play a crucial role in ensuring public access and can mediate in conflicts involving small community roads and right of way issues.
Conclusion
The right of way is a significant aspect of property law in the Philippines, protected under the Civil Code to prevent any property from becoming inaccessible. Landowners who find their access unjustly blocked by others have several legal avenues to reclaim their rights. These measures ensure that all properties maintain practical access to the larger road network, promoting fair and just utilization of land throughout the country.