Easements - an encumbrance imposed upon an immovable for the benefit of

another immovable belonging to a different owner. (Art. 613, NCC)

Easement of right of way

- Owners of an immovable surrounded by other immovables and without adequate
outlet to a public highway, is entitled to demand a right of way through the
neighboring estates after the payment of the proper indemnity (Art. 649, NCC)
- Requisites:
- That the dominant estate is surrounded by other immovables and has no
adequate outlet to a public highway (Art. 649, NCC)
- After payment of proper indemnity (Art. 649, NCC)
- That the isolation was not due to the acts of the proprietor of the dominant
estate
- That the right of way is claimed at the point least prejudicial to the servient
estate; and insofar as consistent with this rule, where the distance from the
dominant estate to a public highway may be the shortest (Art. 650, NCC)
- “Access to public highway” — where there is absolutely no access to a public
highway; or, even if there is one, it is difficult or dangerous to use, or is grossly
insufficient.
- Extinguishment:
- When the right of way ceases to be necessary because the owner of the
immovable has joined to to another abutting a public road (Art. 655)
- When a new road is opened giving access to the isolated estate (Art. 655)
- Notes on extinguishment:
- It does not happen ipso jure; the owner of the servient estate must ask for
extinguishment.
- The right to ask for extinguishment belongs only to the owner of the servient
estate, and the dominant estate owner may not demand for it.
- Amount to be returned after extinguishment:
- Permanent right of way: only the value of the land
- Temporary right of way: nothing