Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

H. Easements

Easement of Right of Way (Civil Code, arts. 613-619 and 649-657)

Question:

Ben owns a piece of land which is surrounded by other properties. He does not have direct access to a public road. In order to gain access to his property, Ben has been using a pathway that passes through his neighbor's land for several years without any objection. However, recently, the neighbor informed Ben that he wants to close the pathway and restrict Ben from using it.

Based on the given scenario and the pertinent provisions of the Civil Code, discuss the following:

1. What is an easement of right of way? Explain its nature and purpose.
2. Can Ben claim a legal right to continue using the pathway? Discuss the requirements to establish an easement of right of way.
3. What legal actions or remedies are available to Ben to protect his right of access to his property?