Posted on Jul 23, 2019

The Law Office of SLYNN R. SUAREZ-LAVILLA

Buying a land does not mean that you are also buying the right to access your land through your neighbor's property. The right to use another's property for your own benefit and enjoyment is known as easement.

It is already well-established that an easement of right of way is discontinuous and such can not be acquired by prescription. For the establishment of a road right of way, the requisites provided for in Articles 649 and 650 of the Civil Code must be complied with. Additionally, the burden of proving the existence of the foregoing pre-requisites lies on the person demanding the road right of way. But while a right of way is legally demandable, the person demanding is not at liberty to impose one based on arbitrary choice. (Costabella Corp v CA, January 25, 1991)
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