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An Easement has been defined as a privilege to pass over the land of another, whereby the holder of the easement, called the Dominant Estate, acquires only a reasonable and usual enjoyment of the property, and the owner of the land, called the Servient Estate, retains the benefits and privileges of ownership consistent
Simply put, Easement of right of way is an easement or a privilege by which one person or a particular class of persons is allowed to pass over another's land, usually through one particular path or line.
A right of way is merely an easement for access to the property. As such, it complies with all of the rules and restrictions discussed regarding easements generally. Rights of way however seem to have a special place in the caselaw arising out of the fact that access to land is of such fundamental importance.
One important and crucial law is Republic Act No. 10752, otherwise known as the ?Right-of-Way Act?, which implements the constitutional fiat that ?private property shall not be taken for public use without just compensation.? (Section 9, Article III, 1987 Philippine Constitution).
The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity Art
However, a right of way is not a personal right, the right is associated with the land itself. A right of way is found where there are two adjoining properties owned by different people. One of the properties will have the benefit of the right of way, whilst the other property will have the burden of it.
The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity Art
The right of survivorship agreement must be filed with the county court records where the couple lives. This can be a way that married couples can see to it that all community property stated in the agreement automatically belongs to the surviving spouse without having to go to probate court.
The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity Art
In Texas, two forms of joint ownership have the right of survivorship: Joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. (The survivor must, however, live at least 120 hours longer than the deceased co-owner.