Query: Is it necessary for two houses between a road and a landlocked property to grant a right of way?

In the Philippines, the concept of right of way is governed by Article 649 of the Civil Code. The law provides that if a property is surrounded by other properties such that it has no access to a public road, it may demand a right of way through the neighboring properties. This is known as a legal easement of right of way.

Conditions for the Easement

For a right of way to be granted, the following conditions must be met:

Landlocked Property – The property seeking the right of way must be surrounded by other properties and should not have adequate access to a public road.
Necessity – The right of way must be necessary for the use or exploitation of the property seeking the easement.
Least Prejudicial – The path of the right of way should cause the least damage or inconvenience to the neighboring properties.
Indemnity – The owner of the landlocked property must compensate the neighbors for the use of their land.

Practical Application

If there are two houses between a road and a landlocked property, and the only practical access is through one of these houses, the owner of the landlocked property may seek a right of way through the property that provides the least prejudicial path to the road. The right of way must not only be necessary but should also minimize the inconvenience to the properties it crosses.

Establishing the Right of Way

The process of establishing a right of way typically involves negotiation with the property owners involved. If an agreement cannot be reached, the matter can be brought before a court, which will determine the appropriate path for the right of way based on the criteria mentioned above.

Obligations and Compensation

The owner of the landlocked property is required to pay fair compensation to the owners of the properties over which the right of way is established. This indemnity is meant to cover any inconvenience or damage caused by the easement.

Conclusion

The legal easement of right of way in the Philippines allows a landlocked property to access a public road through neighboring properties, provided that the conditions are met. This legal provision is essential for ensuring access while balancing the interests of all property owners involved.