Thursday, August 12, 2021

Easement of Right of Way and the Least Prejudicial Rule

If only for the purpose of serving the urgent needs of dominant estate to the shortest route from her property to the public highway, servient estate can still allot a portion of its lot where the dominant estate may be allowed to pass but which is least prejudicial to the servient estate.

A right-of-way, perhaps not as wide as it was used before, can still be imposed without injuring significant structures in the servient estate's, and at the same time the right-of-way to be constructed thereon would be the shortest of all the alternative routes pointed to by the dominant estate.

 

Even if it may seem to deprive the servient estate of the optimum use and enjoyment of their property, it must first be determined if easement pathway may still be imposed without much prejudice to the servient estate while adequately still serving the needs of the dominant estate, and adversely affecting no significant structures.

 

In the case of Villanueva vs. Velasco (G.R. No. 130845, November 27, 2000), the owner of the servient estate was ordered to demolish whatever edifice obstructs the easement in view of the needs of the dominant estate.

 

Posted by barops at 7:18 AM
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