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ofway is a type of easement given to legally allow passage over another's land. The right is restricted to the use described in the Easement document.
Criteria for Right of Way in the Philippines Shortest Distance: The passage should represent the shortest distance to the public highway, ensuring the least prejudice to the servient estate. Payment: The owner of the servient estate (the property granting the right of way) should be properly indemnified or compensated.
Ownership in General No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. ARTICLE 438. Hidden treasure belongs to the owner of the land, building, or other property on which it is found.
"National roads shall have a right of way of not less than twenty (20) meters, provided, that such minimum width may be reduced at the discretion of the Minister of Public Highways to fifteen (15) meters in highly urbanized areas and that a right of way of at least sixty (60) meters shall be reserved for roads ...
First, the estate claiming the right of way must be surrounded by other immovable properties with no adequate outlet to a public highway. Second, the passage must be established at the point least prejudicial to the servient estate, and where the distance to a regular public road is shortest.
A right of way is adequate for access and road construction on Crown land. An easement is required if utility services are to be installed in addition to a roadway.
The owner of the servient tenement has the right to do anything on the right of way that the servient tenement owner wishes to do provided it does not interfere with the use of the right of way by the dominant tenement landowner.
Land may be owned only by a Philippine citizen, or a domestic partnership or association wholly owned by citizens of the Philippines, or a corporation organized under the laws of the Philippines at least 60% of the capital stock outstanding and entitlement to vote of which is owned and held by Philippine citizens.