Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 17 of 7 articles for servient estate

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.

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.

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.

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.

Lateral and Subjacent Support: Excavation Limits for Adjacent Landowners in the Philippines

Philippine Supreme Court clarifies the legal easement of lateral and subjacent support between adjacent landowners and its effect on property titles.

Right of Way Easements in the Philippines: The Least Prejudice Rule and Due Process

Philippine courts require hearing all affected landowners in right of way disputes. Learn the least prejudice rule from Almendras v. Court of Appeals.

Right of Way Disputes in the Philippines: The Least Prejudicial Rule Explained

Learn how Philippine courts choose the least prejudicial right of way under the Civil Code and the Quimen case.