Franz was the owner of Lot E which was surrounded by four (4) lots one of which – Lot C – he also owned. He promised Ava that if she bought Lot E, he would give her a right of way in Lot C.
Convinced, Ava bought Lot E and, as promised, Franz gave her a right of way in Lot C.
Ava cultivated Lot E and used the right of way granted by Franz.
Ava later found gainful employment abroad. On her return after more than 10 years, the right of way was no longer available to her because Franz had in the meantime sold Lot C to Julia who had it fenced.
Does Ava have a right to demand from Julia the activation of her right of way? Explain. (2.5%)
Assuming Ava opts to demand a right of way from any of the owners of Lots A, B, and D, can she do that? Explain. (2.5%)
Suggested answer only. Not an official answer and not legal advice.
(a) Yes, Ava can demand from Julia the activation of her right of way. (b) Yes, Ava can opt to demand a right of way from the owners of Lots A, B, or D. Under Article 617 of the Civil Code, an
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Quick check
Under Article 617 of the Civil Code, what is the legal nature of an easement relative to the estate to which it belongs?
Article 617 provides that easements are inseparable real rights attached to the estate and binding on subsequent transferees.
Under Article 619 of the Civil Code, how is a voluntary easement created?
Voluntary easements are established by the express agreement or will of the estate owners under Article 619.
Under Article 649 of the Civil Code, what is required for an owner of an enclosed landlocked estate to demand a compulsory legal right of way?
Statutory necessity due to the absence of an adequate outlet to a public highway entitles an enclosed owner to demand a right of way.
What happens to a voluntary right of way granted on a servient lot when the servient lot is sold to a third party who fences it?
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Under Article 652 of the Civil Code, what is the obligation of a seller who sells an enclosed lot surrounded by his other properties?
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Learn more about these topics
1. Inseparability Of Easements
Under Article 617 of the Civil Code, easements are inseparable from the estate to which they actively or passively belong. An easement granted on a servient estate attaches directly to the land itself as a real right rather than a mere personal obligation of the grantor. Consequently, when the servient estate is subsequently sold or transferred to a third person, the easement remains intact and continues to burden the property, binding the new owner regardless of whether the dominant owner temporarily ceased using it.
2. Voluntary Right Way
Under Article 619 and Article 688 of the Civil Code, voluntary easements are established by the will of the owners of the dominant and servient estates. When a property owner voluntarily grants a right of way over his land in favor of another lot to induce its purchase, a valid voluntary easement is created. Once established, the owner of the servient estate cannot unilaterally revoke, obstruct, or fence off the right of way to the prejudice of the dominant estate's owner.
3. Compulsory Legal Easement
Under Article 649 and Article 652 of the Civil Code, an owner of an estate surrounded by other immovables without an adequate outlet to a public highway is entitled to demand a compulsory right of way over neighboring properties. If an isolated estate was acquired through sale or grant, the grantor is obliged to provide a right of way without indemnity. However, the dominant owner may also legally demand an easement from other surrounding owners upon establishing statutory necessity and paying proper indemnity.