Virgin Islands Easement and Right of Way (For Electrical Transmission Lines - Long Form)
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FAQ
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
Easement Rights Defined The most common easement is the "right of way," which allows the holder to pass through another's property. In the Philippines, easement rights are governed by the Civil Code, particularly Articles 649 to 657.
"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 ...
Ownership in General ARTICLE 435. 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.
All reclamation projects, whether in urban or rural areas, shall adopt a 40-meter easement zone. The easement shall be measured from the banks or the edge of the reclaimed portion.
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.
Legal Framework on Easements In the Philippines, the law on easements is governed primarily by the Civil Code. An easement grants someone the right to use another person's property for a specific purpose.