Question

Mr. Santos owns a piece of land located in a subdivision. The only access road to his property is through a private road owned by Ms. Cruz. For years, Mr. Santos has been using the private road to ingress and egress from his property without any objection from Ms. Cruz.

Recently, Ms. Cruz decided to close the private road and refused to allow Mr. Santos to use it anymore. Mr. Santos, being unable to access his property without passing through the private road, files a complaint for the establishment of an easement of right of way before the appropriate court.

Discuss whether Mr. Santos is entitled to the establishment of an easement of right of way based on the provisions of the Civil Code.

1. Discuss the requisites for the establishment of an easement of right of way under the Civil Code.
2. Explain the legal basis for Mr. Santos' claim for the establishment of an easement of right of way.
3. Analyze whether Mr. Santos' continuous use of the private road over the years strengthens his right to claim an easement of right of way.
4. Under the Civil Code, can the owner of a servient estate be compelled to pay the owner of the dominant estate for the establishment of an easement of right of way? Discuss.