Dear Attorney,

I hope this message finds you well. I am writing to seek your legal advice regarding a situation involving a long-standing right of way over a property. For over 30 years, a road right of way has been in existence, as reflected in the tax declarations of previous property owners. However, the current owner of the property, who acquired the land and had it titled, has taken actions to impose conditions on our continued use of the right of way. This includes the installation of a steel gate and requiring users to close it after passing through, with threats of locking it entirely if his conditions are not followed.

Given these circumstances, I would like to understand the legal remedies available to protect our right of way. Is the current owner's demand to close the gate lawful, considering the historical use of the pathway? What are the legal options if the gate is locked and access is denied altogether?

Your guidance would be greatly appreciated.

Sincerely,
A Concerned Citizen

Legal Analysis of Long-Established Rights of Way in Philippine Law

Overview of the Right of Way in Philippine Jurisprudence

A "right of way," or "easement of right of way," is a legal servitude that allows the dominant estate (the property benefiting from the easement) to pass through the servient estate (the property burdened by the easement). In the Philippines, easements are primarily governed by the Civil Code of the Philippines, specifically Articles 613–630, which outline their creation, regulation, and termination.

Key Points on the Existence of a Right of Way

Modes of Creation of Easements
- By Law: A compulsory right of way may arise when a property is landlocked, leaving the owner no adequate access to a public road.
- By Agreement: A voluntary easement may be established through a contract or an agreement between the parties.
- By Prescription: An easement may be acquired through continuous and uninterrupted use for a period of 30 years, provided such use is adverse to the rights of the servient estate owner (Art. 620 of the Civil Code).
Relevance of Tax Declarations Tax declarations, while not conclusive evidence of ownership or rights, may be used as secondary evidence to establish a history of possession or acknowledgment of an easement. The fact that the right of way is indicated in the tax declarations of previous owners adds weight to its recognition.
Effect of Non-Annotation in the Title The absence of an annotation of the easement in the servient estate's title does not automatically nullify the existence of the right of way. This principle is rooted in jurisprudence affirming that an unregistered easement is binding between the parties and their successors-in-interest, provided it has been sufficiently established.

Rights and Obligations of Property Owners

The Dominant Estate
- The owner of the dominant estate has the right to use the right of way without undue interference.
- Maintenance of the easement is generally the responsibility of the dominant estate owner unless otherwise agreed.
The Servient Estate
- The servient estate owner must respect the easement and refrain from actions that would render it unusable.
- Modifications, such as installing gates, are permissible only if they do not hinder the easement's practical use.

Legal Implications of the Steel Gate

The installation of a steel gate by the servient estate owner may be lawful if:

It does not effectively obstruct or render the right of way inaccessible.
The conditions imposed (e.g., closing the gate after passing) are reasonable and do not unduly burden the dominant estate owner.

However, threats to lock the gate or deny access outright constitute a violation of the easement, which may be remedied through legal action.

Remedies Available to Protect the Right of Way

Negotiation Attempting to resolve the matter amicably through direct negotiation with the current property owner is the first practical step. This can include drafting a formal agreement to clarify the terms of use.
Judicial Remedies If negotiation fails, the following legal actions may be pursued:
- Action for Injunction: A preventive measure to restrain the servient estate owner from obstructing the right of way.
- Action for Declaration of Easement: A suit to judicially confirm the existence and scope of the easement.
- Action for Damages: If the servient estate owner's actions cause harm or losses to the dominant estate owner.

Specific Provisions of the Civil Code Relevant to the Concern

Art. 629: The owner of the servient estate cannot obstruct the use of the easement or make it impracticable unless equivalent means of access are provided.
Art. 628: Easements must be established in a manner least burdensome to the servient estate.
Art. 626: Easements are inseparable from the property they benefit and burden.

Case Law Examples

Spouses Nuñez v. SLTEAS Phoenix Solutions, Inc.
The Supreme Court emphasized that a long-standing and uninterrupted use of a path by a dominant estate establishes an easement by prescription, even without formal documentation or registration.
Tiongco v. Deguma
It was held that installing a gate or other obstructions on an existing right of way is permissible only if it does not effectively deny access.
Alfredo v. Borras
The absence of an annotation in the title does not negate an easement’s existence if evidence of its continuous and adverse use is clear.

Practical Steps Moving Forward

Gather Evidence:
- Collect tax declarations, historical maps, photos, and affidavits of witnesses to establish the uninterrupted use of the right of way.
Consultation with a Lawyer:
- Seek assistance to evaluate evidence, prepare legal documentation, and potentially file a case.
File an Appropriate Action:
- Depending on the circumstances, file for an injunction, declaratory relief, or damages.

Conclusion

Philippine law provides robust protection for established rights of way, even in cases where these are not annotated in land titles. While the servient estate owner may make reasonable modifications, outright obstruction or denial of access violates the law. Legal remedies are available to assert and protect such rights, ensuring the fair and practical use of the easement for both parties involved.