- Statute
- Civil Code
- Article
- Art. 649
- Topic
- Legal Easements
- Status
- In force
- Book
- BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
- Title
- TITLE VII EASEMENTS OF SERVITUDES
- Chapter
- CHAPTER 2 Legal Easements
- Formerly
- Art. 564a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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. Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate. In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance. This easement is not compulsory if the isolation of the immovable is due to the proprietor's own acts. (564a)
Cases applying this article
- Bicol Agro-Industrial Producers Cooperative v. Edmundo O. Obias G.R. No. 172077
- Ama Land v. Wack Wack Residents' Association G.R. No. 202342
- Vicente Yu v. Rufino Fernandez G.R. No. 172833
- Jopauen Realty Corporation v. Sps. Jacinto P. Dominguez G.R. No. 212725
- Spouses Manuel Mejorada v. Glorificacion Vertudazo G.R. No. 151797
- Leo Winston Brin Lee v. Spouses Amadeo G.R. No. 149023
- Cresencia Cristobal v. Court of Appeals G.R. No. 125339
- Sta. Maria v. Court of Appeals G.R. No. 127549
Other Supreme Court decisions also apply this article.