Right of Way and Property Rights in the Philippines: Can You Plant Shrubs or Banana Trees?

Query: Can you plant shrubs or banana trees on the right of way across from your house in the Philippines?

In the Philippines, the concept of "right of way" pertains to a legal right established to allow passage through another person's land. This is typically done to ensure access to public roads or for utilities like water and electricity. The issue of planting on a right of way involves understanding both property rights and the regulations governing the use of such designated areas.

Legal Framework and Definitions

1. Right of Way (Easement):

   • Under the Civil Code of the Philippines, a right of way is classified as an easement. An easement is a real right vested on a property, allowing specific use by others while still belonging to the owner.
   • The purpose of a right of way is to provide access or facilitate utilities without obstructing the primary function of the area.

2. Public and Private Rights of Way:

   • Public Right of Way: This is usually a part of public infrastructure, such as roads and sidewalks, managed by the government. It is crucial for ensuring accessibility and mobility for the public.
   • Private Right of Way: This is established through agreements between private parties, often to allow access to landlocked properties.

Planting on Right of Way

1. Public Right of Way:

   • Planting shrubs or banana trees on public rights of way is generally prohibited. Public rights of way are designed to ensure unimpeded access and safety for pedestrians and vehicles. Any obstruction, including plants, can be deemed illegal.
   • Local government units (LGUs) enforce regulations that prevent any unauthorized use of public rights of way. Violations can lead to penalties or removal of the obstructions by the authorities.

2. Private Right of Way:

   • For private rights of way, the ability to plant vegetation like shrubs or banana trees depends on the terms of the easement agreement. If the easement explicitly prohibits any alterations that impede the passage, planting would not be allowed.
   • Even in private easements, consideration must be given to maintaining the primary function of the right of way, which is to ensure access. Any planting should not obstruct or hinder this purpose.

Property Rights and Responsibilities

• Property owners must respect the terms of any right of way established on their property, whether public or private. Unauthorized alterations, including planting, can lead to legal disputes and liabilities.
• In some cases, property owners may seek permission from relevant authorities (for public rights of way) or from the parties involved in a private easement to plant vegetation, ensuring that it does not obstruct access or violate any regulations.

Conclusion

The legal standpoint in the Philippines is clear: planting shrubs or banana trees on a right of way, whether public or private, is generally restricted to ensure that the easement's primary purpose—unimpeded access—is maintained. For public rights of way, such actions are typically prohibited and regulated by local government units. In the case of private rights of way, the terms of the easement agreement will dictate what is permissible. Property owners must adhere to these rules to avoid legal issues and ensure proper use of the easement.