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All ▸ Bar 2024 ▸ CIVIL LAW ▸ IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS ▸ H. Easements, Easement of Right of Way (Civil Code, arts. 613-619 and 649-657)

Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS: Easements, Easement of Right of Way

Scenario:

Mr. Santos owns a large parcel of land located in a remote area. There is a neighboring property owned by Mr. Gomez that is surrounded by other properties, making it inaccessible from the main road. Mr. Gomez is interested in constructing a vacation house on his property and needs access to the main road. He approaches Mr. Santos and requests an easement of right of way through his land.

Based on the given scenario and the provisions of the Civil Code of the Philippines (arts. 613-619 and 649-657) regarding easements and easement of right of way, answer the following question:

  1. Can Mr. Gomez legally demand an easement of right of way from Mr. Santos? Explain your answer.


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Bar Review Question: IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS: Easements, Easement of Right of Way Scenario: Mr.