Terms & Definition Page

Ingress and Egress 

These terms refer to the right to enter (ingress) and exit (egress) a property.

These are basic components of right-of-way easements. 

Often necessary when a property (usually landlocked) cannot be accessed from a public road. 

Right of Way Easement 

(Legal Easement of Right of Way)  Defined under Article 649–657 of the Philippine Civil Code.

When It Applies:  

A property is surrounded by other lots and has no adequate access to a public road or utility. The owner of the enclosed lot (dominant estate) may demand a right of way through neighboring property (servient estate). 

Legal Requirements:  

To be granted, the following must be proven;

a. The dominant estate is landlocked. b. There is no adequate outlet to a public highway. 

c. The easement is absolutely necessary, not just convenient. 

d. The chosen path is the least prejudicial to the servient estate. 

e. Indemnity or compensation is paid to the owner of the servient estate.  

Types of Easements:

Voluntary Easement: 

By agreement between parties.

Compulsory Easement:

Enforced by court when legal criteria are met.

Permanent or Temporary: 

Based on use or agreement.

Positive or Negative: 

Right to do something (like pass through) vs. prohibiting something (like blocking the way).

Key Concepts:

Dominant estate = property that needs access.

Servient estate = property being crossed. 

Real-Life Use Cases:  

A farm lot with no access to a road demands right-of-way through a neighbor’s land.

A house at the back of a compound negotiates a passage through a shared private driveway.