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Showing 1–13 of 13 articles for “easement of right of way”

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.

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.

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.

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 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.

Extinguishment of Easement When Ownership Unites Rights May Fade

When one person owns both the dominant and servient estates, an easement of right of way may be extinguished by operation of law.

Easement of Right of Way: Actual Knowledge Binds Even Without Registration

A registered owner cannot ignore an existing right of way he knows about, even if the easement is not annotated on the title.

Right of Way Cannot Be Acquired by Continuous Use Alone; Title or Written Agreement Required

Philippine Supreme Court ruling: easement of right of way is discontinuous, cannot be acquired by prescription or mere continuous use.

Easement OF Right OF WAY Ensuring Access Amidst Landlocked Property

Easement of Right of Way: Requisites and Application in Philippine Law

Learn the four requisites for a legal easement of right of way under Philippine law, explained through the Supreme Court's ruling in Lee v. Carreon.

Easement of Right of Way: Balancing Access and Property Rights in Subdivision Developments

Philippine Supreme Court clarifies temporary easement rules for subdivision access, distinguishing preliminary injunctions from permanent rights of way.