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Civil code Article 649: Easement of Right of Way

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innocuous


Arresto Menor
Hi,

Need your advice on a peculiar situation:

Subdivision A is enclosed by Subdivision B, with no path to a public road/highway other than going through B.
After several years of residents from Subdivision A being freely able to transverse Subdivision B, the latter just recently starts demanding stickers and refusing entry to those residents in the enclosed property.

Does subdivision B have a right to enforce this and refuse A residents the "only" path to get to their property? For subdivision B, have they acquiesced the right of A residents right of way after letting them through for several years?

Please advise. Thank you.

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shad_marasigan


Reclusion Perpetua
innocuous wrote:Hi,

Need your advice on a peculiar situation:

Subdivision A is enclosed by Subdivision B, with no path to a public road/highway other than going through B.
After several years of residents from Subdivision A being freely able to transverse Subdivision B, the latter just recently starts demanding stickers and refusing entry to those residents in the enclosed property.

Does subdivision B have a right to enforce this and refuse A residents the "only" path to get to their property? For subdivision B, have they acquiesced the right of A residents right of way after letting them through for several years?

Please advise. Thank you.

If there is no path or access to highway, then A can demand B to provide a piece of land for right of way. There is a string of cases that support this right. This is by operation of law, you have to send a demand letter to B. B of course must not just give away that piece of land to the dominant owner or A., he deserves just compensation for this. If you can't have this settled with B, you can go to Barangay of B to ask the Barangay to intervene. Hope this helps!

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innocuous


Arresto Menor
I see. Thanks much!

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