Can a road right-of-way established in a registered property be segregated and issued with a certificate of title?

In the Philippines, the concept of road right-of-way (ROW) is a significant aspect of property law, governed primarily by the Civil Code and related jurisprudence. A road right-of-way is an easement that allows passage through a property owned by another. This easement is typically for the benefit of a dominant estate (the property that needs access) over a servient estate (the property over which the right-of-way passes).

Nature of Easement

An easement, such as a road right-of-way, is a non-possessory right. This means that while it allows the holder to use the property in a specific way (e.g., to pass through it), it does not confer ownership rights over the land itself. The land remains part of the servient estate, and the easement merely limits the servient estate owner's ability to fully exclude others from the specified use of their property.

Segregation and Issuance of Certificate of Title

The segregation of a road right-of-way and the issuance of a separate certificate of title for this portion of land is generally not permissible under Philippine law. The reasons are as follows:

Nature of the Easement: Since an easement is a right of use rather than ownership, it cannot be treated as a separate parcel of land that can be independently titled. The right-of-way is an integral part of the servient estate, merely subject to a specific use restriction in favor of the dominant estate.
Property Registration Decree (Presidential Decree No. 1529): The decree governs the registration of real properties in the Philippines. It requires that all parts of a registered property, including any established easements like a right-of-way, be described and registered as part of the whole property. There are no provisions for issuing a separate title for an easement alone.
Jurisprudence: Philippine courts have consistently ruled that easements are appurtenant to the land they benefit or burden. The principle of indivisibility of an easement means that it cannot be separated from the property to which it is attached and cannot exist independently of it. Thus, any attempt to segregate the easement as a distinct, independently owned parcel would contradict established legal principles.

Implications for Property Owners

For property owners, both servient and dominant, it is crucial to understand that while an easement such as a road right-of-way imposes certain use restrictions or grants specific rights, it does not alter the ownership status of the land. Any disputes regarding the existence, scope, or use of the right-of-way are typically resolved through negotiation or litigation, but such disputes do not generally lead to the creation of new, separately titled parcels.

Conclusion

In summary, the road right-of-way established in a registered property cannot be segregated and issued a separate certificate of title under Philippine law. This is due to the inherent nature of easements as non-possessory rights and the legal framework governing property registration and easements. Understanding these legal nuances helps property owners manage and utilize their properties effectively while respecting the rights of others.