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Showing 1–24 of 56 articles for “easement”

Easements and Eminent Domain in the Philippines: MMDA’s Limits After Diamond Motor

The Supreme Court limits MMDA’s power to impose easements, balancing flood control with private property rights and just compensation.

Right of Way Requisites: Proving Isolation for Easement Claims in the Philippines

Philippine Supreme Court clarifies the burden of proof for compulsory right of way easement claims under Civil Code Articles 649 and 650.

Power Lines and Public Lands: Supreme Court Clarifies Easements and Just Compensation

The Supreme Court ruled that power lines fall under "similar works" in the Public Land Act, allowing easements on free patent lands with compensation rules.

Easements vs. Taking: Just Compensation for Transmission Line Expropriation

When does an easement of right of way become a taking requiring full just compensation? The Supreme Court clarifies in this landmark case.

Navigating Easement Rights: Protecting Property Access in the Philippines

Learn how the Supreme Court protects voluntary easements and property access rights in the Philippines, using the Castro v. Esperanza case as a guide.

Free Patent Land and Road Projects: When the Government Must Pay Just Compensation

The Supreme Court clarifies when the government must pay just compensation for right-of-way easements over free patent lands under the Public Land Act.

Navigating Water Rights: Upholding Property Rights Amidst Natural Easements

The Supreme Court clarifies the limits of natural water easements and property rights in this dispute over subdivision flooding and liability.

Road Right-of-Way Measurement: The 20-Meter Rule from the Highway Centerline

The Supreme Court clarifies that the 20-meter road right-of-way easement under the Public Land Act is measured from the centerline of the highway.

Just Compensation for Easement of Right of Way: Key Lessons from NPC v. Marasigan

When the government takes an easement over private land, what must it pay? The Supreme Court clarifies the rules on just compensation, valuation date, and consequential damages.

Easement Rights and Property Development: Clarifying Limits and Obligations in Construction Projects

Understand how the Supreme Court distinguishes reversion from annulment of titles, and what this means for property owners and developers.

Right of Way in the Philippines: Balancing Property Rights and Legal Easements

Philippine Supreme Court clarifies when a landowner can demand a legal easement of right of way and how courts balance property rights.

Ensuring Access: The Indispensable Right to a Legal Easement of Right of Way

When a property becomes landlocked through no fault of its owner, Philippine law grants a legal easement of right of way. Learn the rules from a recent Supreme Court ruling.

Eminent Domain Easements Just Compensation For Perpetual Restrictions ON Property USE

When a right-of-way easement for transmission lines permanently restricts property use, full just compensation, not a mere easement fee, is due.

Right of Way Ownership: Servient Estate and Easement Acquisition Rules

Supreme Court clarifies who owns a road right of way and how easements are acquired under Philippine law.

Easement of Right of Way: Balancing Dominant Needs and Servient Rights

Philippine Supreme Court clarifies when a right of way may be denied, favoring least prejudice to the servient estate over shortest distance.

Right of Way and Land Ownership: Who May Demand an Easement Under Philippine Law

The Supreme Court clarifies that only owners or holders of real rights may demand an easement of right-of-way, and prescription over public lands requires prior State classification.

Right of Way in the Philippines: Balancing Landowner Rights and Property Isolation

The Supreme Court explains when a compulsory easement of right of way may be granted, and why mere inconvenience does not justify imposing a burden on a neighbor's property.

Right of Way: Balancing Dominant Estate Needs and Servient Estate Rights in Philippine Law

Philippine Supreme Court clarifies how to determine the extent and indemnity for a legal easement of right of way under the Civil Code.

Public Easements in Land Disputes: Private Rights vs Public Welfare

The Supreme Court clarifies that 3-meter easements along rivers and streams are public property, limiting private landowner rights.

Courts, Not Legislators, Set Just Compensation in Philippine Eminent Domain Cases

Supreme Court rules statutory caps like NPC's 10% easement limit cannot override judicial determination of just compensation.

Easement vs Expropriation: Just Compensation for Right of Way Under Philippine Law

Supreme Court clarifies that statutory caps on easement fees do not bind courts in determining just compensation for transmission line right of way.

Eminent Domain vs Easement: Just Compensation for Transmission Lines in the Philippines

Philippine Supreme Court clarifies when transmission line projects require full just compensation rather than mere easement fees.

Just Compensation for Transmission Lines: Full Market Value, Not Easement Fees

Explaining NAPOCOR v. Saludares on just compensation for transmission line easements—full market value, no prescription, and valuation timing.

Just Compensation for Easements: Full Market Value, Not a 10% Fee

When transmission lines cross private land, landowners are entitled to full market value as just compensation—not just a 10% easement fee.