Question

After several decades, Mr. Santos decided to sell his property which is located in a residential area. His property is situated at the end of a dead-end street with no direct access to any main road. The only way to reach Mr. Santos' property is by passing through the adjacent property owned by Mrs. Reyes, which has a direct access to the main road. However, Mrs. Reyes has been denying Mr. Santos access through her property, causing inconvenience and difficulty for Mr. Santos and his potential buyers.

Mr. Santos seeks legal remedies to secure an easement of right of way over Mrs. Reyes' property. On the other hand, Mrs. Reyes argues that she is not obligated to provide a right of way and that Mr. Santos should find an alternative route for his property.

1. Discuss the concept of easement of right of way as provided under the Civil Code.
2. Under what circumstances can Mr. Santos claim an easement of right of way over Mrs. Reyes' property?
3. What are the requirements and limitations in the establishment and exercise of an easement of right of way?
4. Can Mrs. Reyes refuse to grant an easement of right of way to Mr. Santos? Explain your answer.
5. What legal actions can Mr. Santos take to secure an easement of right of way?