What are the requisites for easement on right of way?


1. The easement must be established at the point least Prejudicial to the servient estate

2. Claimant must be an Owner of enclosed immovable or with real right

3. There must be no adequate Outlet to a public highway

4. The right of way must be absolutely Necessary not mere convenience

5. The isolation must not be Due to the claimant’s own act

6. There must be payment of proper Indemnity.


Can easement of right of way be acquired by prescription?


No, because it is discontinuous or intermittent (Ronquillo, et al. vs. Roco, GR No. L-10619, Feb. 28, 1958).


What if the property is not the shortest way and will not cause the least damage to the servient estate?


The way which will cause the least damage should be used even if it will not be the shortest. The easement of right of way shall be established at the point least prejudicial to the servient estate and where the distance from the dominant estate to a public highway is the shortest. In case of conflict, the criterion of least prejudice prevails over the criterion of shortest distance.