Guam Easement and Right of Way (For Electrical Transmission Lines - Long Form)
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First, the estate claiming the right of way must be surrounded by other immovable properties with no adequate outlet to a public highway. Second, the passage must be established at the point least prejudicial to the servient estate, and where the distance to a regular public road is shortest.
"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 ...
Criteria for Right of Way in the Philippines The Civil Code of the Philippines provides the criteria for an individual to claim a right of way: Isolated Property: The claimant's property must be surrounded by other properties with no adequate outlet to a public highway or road.
In general, only Filipino citizens and corporations or partnerships with least 60% of the shares are owned by Filipinos are entitled to own or acquire land in the Philippines subject to the following exceptions: acquired before the 1935 Philippine Constitution.
10752 (R.A. No. 10752) otherwise known as ?The Right-of-Way Act? was enacted to ensure that all persons whose real property is affected by national government infrastructure projects are promptly paid just compensation for the expeditious acquisition of the required right-of-way (ROW), site, or location.
The right of way claimed is 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 (Art. 650).