- Statute
- Philippine Civil Code
- Article
- Art. 652
- 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. 567a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
Whenever a piece of land acquired by sale, exchange or partition, is surrounded by other estates of the vendor, exchanger, or co-owner, he shall be obliged to grant a right of way without indemnity. In case of a simple donation, the donor shall be indemnified by the donee for the establishment of the right of way. (567a)
Intellegal Wiki · In plain terms
When land bought, exchanged, or received through partition ends up landlocked, surrounded by the other property of the seller, exchanger, or co-owner, that former owner must grant it a right of way for free. But if the land came by simple donation, the donee must instead compensate the donor for setting up the right of way.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Spouses Raymundo Pagsuguiron v. The Honorable Court of Appeals G.R. No. 191383