Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

H. Easements, Easement of Right of Way

Scenario:

Mr. Santos owns a large property surrounded by other properties. The only access to Mr. Santos' property is through a private road owned by Mrs. Gonzales, which runs along the perimeter of Mrs. Gonzales' property. For years, Mr. Santos has been using the private road to enter and exit his property.

Recently, Mrs. Gonzales decided to sell her property to Mr. Reyes. Upon learning about the sale, Mr. Santos approached Mr. Reyes to discuss continuing the use of the private road as his right of way. However, Mr. Reyes refused Mr. Santos' request, claiming that he intends to close the private road and restrict access only to himself and his family.

Questions:

1. Can Mr. Santos claim an easement of right of way over the private road owned by Mrs. Gonzales? Explain the legal basis for your answer. (5 points)
2. If Mr. Santos is entitled to an easement of right of way, what are his rights and obligations as the dominant estate owner? (5 points)
3. What remedies are available to Mr. Santos if Mr. Reyes refuses to grant him the easement of right of way? Discuss. (5 points)