Query: Can the grantor of a right of way revoke the grant in the Philippines?
In the Philippines, a right of way is an easement granted by a landowner, allowing another party to pass through the landowner's property. This is typically granted to provide access to a property that would otherwise be landlocked or difficult to access. The process and conditions under which a right of way can be granted, altered, or revoked are governed by the Civil Code of the Philippines.
According to Articles 649 and 650 of the Civil Code, a right of way is established due to the absence of adequate access from a public road, making it an essential passage for the neighboring landowner. Once established, the right of way becomes legally binding and is typically annotated on the title of the property to ensure its recognition and enforcement.
Revoking a granted right of way is not a straightforward process and cannot be done unilaterally or arbitrarily by the grantor once the right has been formally established, particularly if it is already annotated on the property's title. To initiate a revocation, significant changes in the circumstances under which the right of way was granted must be proven. For instance, the necessity for such an easement may no longer exist, or an alternative route may have become available that serves the same purpose.
Legal action to revoke or alter a right of way typically requires judicial intervention. The court must consider whether the original basis for the grant still exists and evaluate the impact of revocation on all parties involved. The burden of proof lies with the party seeking revocation to demonstrate that the conditions justifying the modification or cancellation of the easement are met.
Furthermore, if the right of way was granted in exchange for compensation, the grantee (the person who received the right) might be required to return the compensation received, depending on the terms agreed upon or the judicial decision. Each case is unique and must be evaluated based on its specific circumstances and the agreements made between the parties.
In conclusion, while the revocation of a right of way is legally possible in the Philippines, it requires substantial justification and often a judicial decree, ensuring that all parties' rights and interests are fairly considered and protected. Landowners and potential grantees are advised to seek legal counsel when establishing or disputing a right of way to navigate the complexities of property law effectively.