Dear Attorney,

I am writing to seek legal advice on an issue concerning a right of way (ROW) that is part of a family compound. The situation is as follows:

The right of way is covered by a title under the names of two individuals: my father and my relative’s parent-in-law. However, the relative's spouse frequently places obstructions on the right of way. Additionally, the title to the ROW, which should ideally be in joint custody or accessible to all concerned parties, is currently held solely by the parent-in-law of my cousin's spouse. They claim they are the ones paying for the ROW and assert that it has been given to their child. However, the payment for the ROW is a nominal amount—₱11 annually.

This issue directly affects our family's access to the compound. We reside at the back portion of the property, and these blockages and claims over the ROW make it challenging to assert our rights to access.

I would like to ask:

What steps can we take to establish or assert our rightful claim over the ROW?
What remedies are available under Philippine law for resolving encroachment disputes like this?
How do we address the parent-in-law’s claims that the ROW belongs solely to their family despite the co-ownership indicated in the title?

Thank you for your assistance. Any guidance on resolving this issue would be greatly appreciated.

Sincerely,
A Concerned Family Member

Comprehensive Guide on Right of Way Ownership and Encroachment Under Philippine Law

I. Right of Way (ROW) Defined

Under Philippine law, a right of way is a legal easement allowing one party access to their property through another’s land. Governed by Articles 649–657 of the Civil Code of the Philippines, an easement of right of way is granted to ensure that a property owner without access to a public road can reach their property.

II. Ownership and Co-Ownership of the ROW

When a ROW is jointly titled, as in this case, the rules on co-ownership under Articles 484–501 of the Civil Code apply:

Presumption of Co-Ownership: If a ROW is titled under multiple names, each co-owner has equal rights to the use of the property, unless otherwise stipulated in an agreement.
No Unilateral Ownership Claims: A co-owner cannot claim exclusive ownership over the property or transfer the property to another without the consent of all co-owners.
Obligation to Preserve Common Property: Co-owners must not do anything to impair the use of the property for its intended purpose. In the case of a ROW, obstructing access would violate this obligation.

III. Obstructions on ROW

The act of placing physical obstructions on the ROW can be classified as a violation of easement rights. Under the Civil Code (Article 625) and related provisions:

Prohibition of Obstruction: Any act that hinders the proper use of a ROW by entitled individuals can be challenged legally.
Legal Remedies for Obstruction: Under Article 429, property owners may seek judicial remedies to remove encroachments or obstructions.

IV. Claims of Exclusive Ownership

The parent-in-law’s claim that the ROW belongs solely to their family can be legally challenged on the basis of:

Co-Ownership Rights: The ROW, being jointly titled, cannot be owned or claimed exclusively without due process and without consent from all co-owners.
Invalid Transfers Without Consent: If the parent-in-law alleges that the ROW was “given” to their child, such transfer is invalid unless executed with the consent of all co-owners and through a proper legal instrument, such as a deed of sale or donation.

V. Resolution of ROW Encroachment and Disputes

The following steps outline how to assert your rights and resolve the dispute:

1. Ascertain the ROW Ownership and Scope

Obtain a certified true copy of the ROW title from the Registry of Deeds. This document will confirm the names of the titleholders and the boundaries of the ROW.
Secure a cadastral map or survey to ensure the ROW is properly demarcated.

2. Engage in Amicable Settlement

Mediation or Barangay Conciliation: The first step in addressing encroachments is to engage in barangay conciliation, as required under the Katarungang Pambarangay Law (Presidential Decree 1508). This is a prerequisite before bringing the matter to court.

3. File for Injunctive Relief

If amicable settlement fails, the affected co-owners can file for injunctive relief under Rule 58 of the Rules of Court. A preliminary injunction can compel the offending party to stop obstructing the ROW.

4. Seek a Judicial Declaration of Rights

File a case for Quieting of Title (Article 476, Civil Code): This action seeks a court ruling to clarify the rightful ownership and use of the ROW.
Partition of the ROW: If the ROW use cannot be settled amicably, you may file a petition to partition the property (Article 494).

5. Recover Damages

Under Article 2199 of the Civil Code, you may claim damages for losses caused by the obstruction of your ROW. This includes expenses incurred due to the obstruction or alternative access arrangements.

VI. Easement Payment Disputes

The annual fee of ₱11, as mentioned, appears to be a symbolic or nominal payment rather than a substantial one. Nonetheless:

Confirm the nature of this payment—whether it is stipulated in the ROW agreement or required by law.
If payment obligations are being questioned, co-owners may request an accounting or clarification through legal channels.

VII. Legal Precedents

The following cases highlight the enforcement of ROW rights:

Dela Cruz vs. Court of Appeals (1997): Clarifies that obstruction of a ROW violates co-ownership rights and can be subject to injunctive relief.
Spouses Villanueva vs. Spouses Salazar (2003): Upholds that co-owners must not impair access or diminish the intended use of a ROW.
Heirs of Barrios vs. The Hon. RTC of Zamboanga (2010): Demonstrates that ROW encroachments can lead to damages and the removal of obstructions.

VIII. Practical Tips

Document Incidents: Take photographs, videos, or written records of any obstructions and statements made by the offending party.
Engage a Licensed Surveyor: For demarcation or to establish physical boundaries of the ROW.
Secure Legal Representation: A property lawyer can expedite proceedings and represent your interests effectively.

Conclusion

Under Philippine law, a right of way is a critical legal easement that cannot be unilaterally obstructed or claimed. Your rights as a co-owner and user of the ROW are protected, and there are clear legal remedies available to resolve this dispute. Engaging in barangay conciliation, seeking injunctive relief, or pursuing court actions for damages and quieting of title can help ensure your access is restored and protected.