- Statute
- Civil Code
- Article
- Art. 650
- 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. 565 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The easement of right of way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. (565)
Intellegal Wiki · In plain terms
A compulsory right of way over a neighboring property must be placed where it causes the least harm to the burdened (servient) estate; and, so far as consistent with that, along the shortest route from the enclosed estate to a public highway.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- 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
- Ma. Linda T. Almendras v. The Court of Appeals G.R. No. 110067
- Pacita David-Chan v. Court of Appeals G.R. No. 105294
- Remigio O. Ramos, Sr. v. Gatchalian Realty G.R. No. 75905
Other Supreme Court decisions also apply this article.
Related provisions in this Chapter
Browse the Civil Code
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Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.