Requisites to be Established for Entitlement of Compulsory Easement of Right of Way

Question 1

What are the requisites needed to be established before a person becomes entitled to demand the compulsory easement of right of way?

Answer 1

The following requisites need to be established before a person becomes entitled to demand the compulsory easement of right of way:

1. An immovable is surrounded by other immovables belonging to other persons, and is without adequate outlet to a public highway;
2. Payment of proper indemnity by the owner of the surrounded immovable;
3. The isolation of the immovable is not due to its owner’s acts; and
4. The proposed easement of right of way is established at the point least prejudicial to the servient estate, and insofar as consistent with this rule, where the distance of the dominant estate to a public highway may be the shortest.

Reyes vs. Spouses Valentin and Ramos (GR 194488, February 11, 2015)