Article 649
ELI5— what this means for you
Every owner of enclosed or landlocked property has a right to demand a right of way through neighboring estates — provided they pay indemnity and the passage is at the point least prejudicial to the neighbor.
Key point
If your land has no access to a public road, the law gives you the right to demand passage through your neighbor's land — but you must pay.
Official text — RA 386
The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity.
Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate.
In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance.
This easement is not compulsory if the isolation of the immovable is due to the proprietor's own acts. (564a)
Source: lawphil.net (RA 386 as amended)
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