Road Right of Way

[necrotic freak]

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way labot sakyanan sa road right of way oi. motor pwde ra..

ayaw padala sa gulat TS.

[zinedineflo8]

kung wla lay patyanay d jd mi mahadlok kay nkacomply jd mi sa demands sa zoning..ngita lang jd sla paagi nga madugay pero kabaw jd sila wla na jd silay padulngan,,imbis ok unta mi sauna nga paabangon lang ilang sakyanan (monthly) after mag fence aw pa ugatay nlng jd mi ani tungod sa ilang gbuhat nga drecho2 ug escalate wla pa gani naka storya ang both parties..

hilasan uroy ko maminaw ani nila nga mobahad..mura raba dli pud mamatay kung ipapatay..

pero dli nlng jd ko mahibulong aning pamilyaha kay asta ang maguwang ani nga igsoon gpatay man gani tungod sa yuta ubang tawo na kaha..

maypa magtigom nalang na sila sa ilang mga tagiptip para yutaan jd silang klaro..hehehe

[necrotic freak]

ipa agi lang gyud sa deplomacya ug legal nga processo bro. naa man kaha mo abogado, i tugyan lang na tanan sa abogado ninyo. mas maayo ipa blotter pod ta to ninyo ang ilang bahad.

[account]

SECTION 3. - Easement of Right of Way

Art. 649. 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)

Art. 650. 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)

Art. 651. The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate, and may accordingly be changed from time to time. (566a)

Art. 652. 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)

Art. 653. In the case of the preceding article, if it is the land of the grantor that becomes isolated, he may demand a right of way after paying a indemnity. However, the donor shall not be liable for indemnity. (n)

Art. 654. If the right of way is permanent, the necessary repairs shall be made by the owner of the dominant estate. A proportionate share of the taxes shall be reimbursed by said owner to the proprietor of the servient estate. (n)

Art. 655. If the right of way granted to a surrounded estate ceases to be necessary because its owner has joined it to another abutting on a public road, the owner of the servient estate may demand that the easement be extinguished, returning what he may have received by way of indemnity. The interest on the indemnity shall be deemed to be in payment of rent for the use of the easement.

The same rule shall be applied in case a new road is opened giving access to the isolated estate.

In both cases, the public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished. (568a)

Art. 656. If it be indispensable for the construction, repair, improvement, alteration or beautification of a building, to carry materials through the estate of another, or to raise therein scaffolding or other objects necessary for the work, the owner of such estate shall be obliged to permit the act, after receiving payment of the proper indemnity for the damage caused him. (569a)

Art. 657. Easements of the right of way for the passage of livestock known as animal path, animal trail or any other, and those for watering places, resting places and animal folds, shall be governed by the ordinances and regulations relating thereto, and, in the absence thereof, by the usages and customs of the place.

Without prejudice to rights legally acquired, the animal path shall not exceed in any case the width of 75 meters, and the animal trail that of 37 meters and 50 centimeters.

Whenever it is necessary to establish a compulsory easement of the right of way or for a watering place for animals, the provisions of this Section and those of Articles 640 and 641 shall be observed. In this case the width shall not exceed 10 meters. (570a)

BOOK II (FULL TEXT) : CIVIL CODE OF THE PHILIPPINES : CHAN ROBLES VIRTUAL LAW LIBRARY

[masterjanuarius]

They have to buy the "right of Way" TS. Gawas lang ug imong idonate ug mamahimong public road ...