EASEMENT OF RIGHT OF WAY

Art. 649.

DEFINITION OF EASEMENT OF RIGHT OF WAY

It is an Easement or privilege by which one person in a particular class of persons is allowed to pass over
another land, usually through one particular path or line

REQUISITES FOR THE EASEMENT

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

PROPER INDEMNITY

1. If the passage is permanent, pay the value of the land occupied by the path plus damages

2. If temporary, pay for the damages caused

CLASSIFICATION OF RIGHT OF WAY

1. Private
2. public

Art. 650.

Where the path should be established

 At the point least prejudicial to the servient estate
 Distance from the dominant estate to a public high way may be the shortest

Art. 651

WIDTH OF PATH
> The width may be modified from time to time depending on the reasonable needs of the dominant estate

Art. 652

RULE IF LAND OF VENDOR IS ISOLATED FROM THE HIGHWAY

> Indemnity included in the purchase price—the buyer is the owner of the dominant estate

Art. 653.

RULES IF GRANTOR OR GRANTEE’S LAND IS ENCLOSED

1. If the enclosing estate is that of the grantor, the grantee doesn’t pay indemnity for the easement
2. If the enclosed estate is that of the grantor, the grantor must pay indemnity
Art. 654.

OWNERSHIP OF, REPAIRS AND TAXES ON, THE PATH

1. Even though permanent, the path belongs to the servient estate, and he pays all the taxes
2. But the dominant estate—
a. Should pay for repairs
b. Should pay proportionate share of taxes to the servient estate

Art. 655.

CAUSES FOR EXTINGUISHMENT OF THE EASEMENT OF RIGHT OF WAY

1. Opening of a new road

2. Joining the dominant estate to another
2.
EXTINGUISHMENT NOT AUTOMATIC

> The extinguishment is not automatic

> The law says that the servient estate may demand
> It follows that if he chooses not to demand, the easement remains and he has no duty to refund the indemnity

NON-APPLICABILITY OF THE ARTICLE TO A VOLUNTARY EASEMENT NO RETURN OF

INDEMNITY IN CASE OF TEMPORARY EASEMENT

Art. 656.
TEMPORARY EASEMENT OF RIGHT OF WAY

1. The easement here is necessarily only temporary, nonetheless proper indemnity must be given
2. Indispensable is not to be construed literally
3. The owner can make use of Article 656

Art. 657.

EASEMENT OF RIGHT OF WAY FOR THE PASSAGE OF LIVESTOCK: WIDTH

1. Animal path—75 meters
2. Animal trail—37 meters and 50 centimeters
3. Cattle—10 meters