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right of way

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1 right of way on Mon Feb 18, 2013 7:02 pm


Arresto Menor
hi! is there anyone who can help us assist on our problem regarding right of way?
we have agricultural land in bagac bataan about 26,695 sq.m, tinanggalan kami ng right of way ng katabi nmin lote by means of putting barb wire so its been hard for us na makatawid sa kalsada we need to cross the barb wire. around us our sinapsap river,bagac river and an irrigation ditch, the shortest access to road is to cross the irrigation ditch na ngaun ay ginawang sakahan ng katabing lote na same person na naglagay ng barb wire. lately lang nagpasurvey kami ng lupa and we found out na sinakop n ng katabi nmin lote ang irrigation ditch na dati ay nasa 3meters ang sukat. Ano ba ang dapat namin gawin? lumapit na kmi s barangay pero ndi kami pinapansin dahil ang kalaban nmin ay empleyado mismo ng munisipyo ng bagac bataan.

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2 Re: right of way on Mon Feb 18, 2013 10:42 pm


Get a Lawyer who could assist you in filing for Easement of Right of Way. Easement of Right of Way is the easement or privilege by which one person or a particular class of persons is allowed to pass over anotherís land, usually through one particular path or line (cited in Paras, Civil Code of the Philippines Annotated, 1999 ed.).

1. The easement must be established at the point least Prejudicial to the servient estate

2. Claimant must be an Owner of enclosed immovable or with real right

3. There must be no adequate Outlet to a public highway

4. The right of way must be absolutely Necessary not mere convenience

5. The isolation must not be Due to the claimantís own act

6. There must be payment of proper Indemnity.

Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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