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An easement is permission to use an area of land. The property owner retains ownership of the area covered by the easement. Easements "run with the land" - that is, they automatically continue in force when the land is sold.
The acquisition and utilization of land often come with complexities, especially when it concerns access to a particular property. The right of way is a legal concept that grants individuals the right to pass through another's land, especially when it is essential for access to their property.
The Philippine Civil Code provides for the establishment of a legal easement of right of way under Articles 649 to 657. These articles outline the conditions under which an owner is entitled to claim a right of way through another's property.
"National roads shall have a right of way of not less than twenty (20) meters, provided, that such minimum width may be reduced at the discretion of the Minister of Public Highways to fifteen (15) meters in highly urbanized areas and that a right of way of at least sixty (60) meters shall be reserved for roads ...