Question

Your neighbor, Mr. Santos, has been using a pathway on your property for several years to access his property. He claims that he has acquired an easement of right of way by prescription. You, as the owner of the property, dispute his claim and want to clarify the situation.

1. Define easement of right of way in accordance with Article 649 of the Civil Code.
2. What are the requisites for acquiring an easement of right of way by prescription under Article 649 of the Civil Code?
3. Discuss the factors that the court may consider in determining the existence of an easement of right of way by prescription.
4. Can an easement of right of way be terminated or extinguished? Explain.
5. A new road has been constructed near your property, making it more convenient for your neighbor to access his property without passing through your land. Can you demand the removal or relocation of the easement of right of way? Why or why not?