Simplified Question: Can a Right of Way (ROW) in a subdivision be owned by an individual?
In the context of the Philippines, the establishment of a Right of Way (ROW) within a subdivision is a common legal matter, especially during the judicial partition of inherited property. Understanding the legal implications of ROWs and ownership rights is crucial for property owners and developers.
Legal Framework of Right of Way (ROW)
A Right of Way (ROW) is a legal right to pass through a specific route on another person's land. In subdivision developments, ROWs are essential to ensure that all property owners within the subdivision have access to their properties and to public roads.
Establishing a Right of Way
When a subdivision is created, the developer typically designates certain portions of the land for ROW to provide access to individual lots. These ROWs are indicated in the subdivision plan, which is approved by the relevant government authorities, such as the Housing and Land Use Regulatory Board (HLURB) or its successor, the Department of Human Settlements and Urban Development (DHSUD).
Ownership of the Right of Way
Common Areas: In a typical subdivision, the ROWs are considered common areas. These common areas are usually owned collectively by the homeowners' association (HOA) and not by individual lot owners. The HOA is responsible for the maintenance and upkeep of these common areas, including the ROWs.
Deed of Restrictions: The deed of restrictions, a document governing the use of the subdivision, often outlines the ownership and maintenance responsibilities of ROWs. It specifies that ROWs are for the common use of all subdivision residents.
Easements: ROWs can also be established as easements. An easement is a legal right to use another's land for a specific purpose. In the case of a subdivision, the ROW easement allows lot owners to pass through certain areas to access their properties. The land under the easement remains the property of the individual lot owner or the developer, but the ROW cannot be obstructed.
Judicial Partition and ROW
During the judicial partition of inherited property, heirs may allocate portions of the property for ROWs to ensure access to all subdivided lots. This allocation does not grant individual ownership of the ROW to any single heir. Instead, it establishes an easement of passage for the benefit of all the property owners within the subdivision.
Can an Individual Own a ROW?
In the Philippines, an individual cannot own a ROW outright. Instead, they can own the land subject to the ROW, meaning they have ownership rights over the land but must allow passage through it as specified by the ROW. The ROW itself is a legal right benefiting multiple parties, not a separate property that can be individually owned.
Conclusion
The establishment of ROWs in subdivision developments is a well-defined process aimed at ensuring equitable access to properties. ROWs are typically managed as common areas by homeowners' associations or established as easements that benefit all subdivision residents. Individual ownership of a ROW is not recognized under Philippine law, as the purpose of a ROW is to provide shared access rather than exclusive use.