VDA. DE BALTAZAR V. CA

245 SCRA 333

FACTS:

Panganiban’s property was surrounded by Baltazar’s in front, and Calimon’s and Legazpi’s on the left and right, respectively. It was Baltazar’s property which fronts the national road. Panganiban sought the right of way through Baltazar’s. It was discovered that he was allowed access through Legazpi and Calimon’s property when Baltazar closed his property.

HELD:

Requisites that has to be complied with before the grant of a compulsory easement of right of way—

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 distance from 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