291 SCRA 122


Cristobal owned a house and lot in Visayas Avenue Extension. Ledesma on the other hand was the owner of the adjoining subdivision, which included the disputed lots 1 and 2. Lots 1 and 2 were originally a part of the private road. Upon the making of Visayas Avenue as a public road, Ledesma petitioned the exclusion of the two disputed lots from the road. He was granted to do so. Upon the sale of the lots to a third person, it was discovered that there were squatters on the land and that it was being used as a passageway by petitioners. This prompted the new owner to enclose the lot.


The essential requisites for the compulsory right of way are as follows—

1. The property is surrounded by estate of others and there is no adequate outlet to a public highway
2. It must be established at the point least prejudicial to the servient estate and insofar as consistent with this rule, where the distancefrom the dominant estate to a public highway may be the shortest
3. There must be payment of the proper indemnity
4. The isolation should not be due to the proprietor’s own acts In consideration of the above, mere convenience for the dominant estate is not what is required by law as the basis for setting up the compulsory right of way.