Query: 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 essential in property law. It refers to the legal right granted to a person to pass through property owned by another. This can be in the form of a path, road, or access to utilities. Rights of way are established to ensure that property owners can reach public roads, utilities, and other necessary areas. They can be established through legal agreements, easements, or by prescription if a path has been used openly and continuously for a certain period.
Legal Framework
The Philippine Civil Code provides the legal basis for the establishment and regulation of rights of way. Specifically, Article 649 and subsequent articles outline the conditions under which a right of way can be claimed and enforced. The law mandates that a right of way must be necessary, not merely convenient, for the dominant estate (the property benefiting from the right of way).
Prohibition of Construction on Rights of Way
Constructing a building, such as a house, on a right of way is generally illegal in the Philippines. The rationale behind this prohibition is that any construction on a right of way would obstruct the passage and access rights of those entitled to use it. Article 630 of the Civil Code states that the easement must be exercised in the manner least inconvenient to the servient estate (the property over which the right of way is exercised). This means that the right of way should remain unobstructed and usable for its intended purpose.
Legal Consequences
If a structure is built on a right of way, the owner of the dominant estate or any person entitled to use the right of way can file a legal complaint. The courts can order the removal of the obstruction and restore the right of way to its original condition. Additionally, the person who built the structure may be liable for damages caused by the obstruction.
Enforcement and Resolution
The Department of Public Works and Highways (DPWH) and local government units (LGUs) are responsible for ensuring that public rights of way are free from obstructions. They have the authority to remove illegal constructions and enforce compliance with the law. Affected parties can also seek assistance from the courts to enforce their rights and remove any illegal structures.
Conclusion
Building a house or any other structure on a right of way in the Philippines is illegal. Such actions obstruct the legal rights of others to access and use the right of way. Property owners and developers must ensure that they respect existing rights of way to avoid legal disputes and potential penalties. It is always advisable to consult with legal experts and local authorities before undertaking any construction project to ensure compliance with all relevant laws and regulations.