Question

Scenario:

Juan owns a parcel of land that is completely surrounded by other properties. There is no direct access to a public road from his land. However, due to the topography of the area, there is a small pathway between two adjacent properties that could serve as a potential right of way to reach the public road.

One day, Juan decides to formally request an easement of right of way from the owners of the adjacent properties. However, they refuse to grant the easement and instead suggest an alternative route that is longer and more inconvenient for Juan.

Question:

1. In accordance with the Civil Code provisions on easement of right of way (Articles 649-657), can Juan demand the establishment of a right of way over the pathway between the adjacent properties? Discuss the requisites and limitations for the grant of an easement of right of way.