For properties located near roads and passageways, the concept of right of way often gets taken for granted. However, for properties that have no other means to reach streets would need to secure an easement of right of way from another landowner. Discover more about the easement of right of way and what it means for landowners who need to undergo this process.
What is an easement?
An easement is a right on another person’s property whether it is immovable or corporeal. Immovable property owners must refrain from doing anything to their property for the sake of their tenement. Easements are legally established by law (legal easement) or by the concerned parties (voluntary easement).
The land that is enclosed is referred to as the dominant estate. It is to which the immovable favor of the easement is made. The land enclosing the dominant land is referred to as the servient estate, and it is up to them to give a right of way.
Right of way
An easement of a right of way is a privilege that is granted for people or certain classes of people. They can either pass over another land, the servient estate, through a certain path or road. A right of way can only be acquired through a title according to Article 622 of the New Civil Code.
A right of way is also referred to as a discontinuous easement. Because its use would be in intervals or depend on the people involved. An easement is continuous if it occurs even without man’s actions. While, a discontinuous one happens for example when a car passes through the road which can only be done with the action of the said person.
Conditions to establish an easement of right of way
Landowners must meet some of the criteria to be eligible for an easement of a right of way.
- The dominant estate must not have any access to a public highway
- There is a corresponding payment for indemnity
- The isolation is not caused by acts of the dominant estate
- The right of way should the least prejudicial to servient estate— it should be made at the distance that is shortest from the dominant estate to the public highway
The payment for indemnity for the easement of right of way depends on the value of the dominant estate and the amount of damages caused to the servient estate.
Landowners need not handle the easement and right of way issues on their own. They can get advice from reputable real estate firms lawyers on how to handle the situation. Each case is unique, so getting advice that is suited to the landowner’s needs is a nice thing to have.
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