7/26/2019 Easement on Right of Way

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What are the requisites for easement on right ofway?

1. The easement must be established at the point least Prejudicial to the servient estate

2. Claimant must be an Owner of enclosed immovable or with real right

3. There must be no adequate Outlet to a public highwa

!. The right of wa must be absolutel "ecessar not mere convenience

#. The isolation must not be $ue to the claimant%s own act

&. There must be pament of proper 'ndemnit.

Can easement of right of way be acquired by

prescription?

"o( because it is discontinuous or intermittent )*onquillo( et al. vs. *oco( +* "o. ,-1&1/( 0eb. 2(

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What if the property is not the shortest way andwill not cause the least damage to the servient

estate?

The wa which will cause the least damage should be used even if it will not be the shortest. The

easement of right of wa shall be established at the point least prejudicial to the servient estate and

where the distance from the dominant estate to a public highwa is the shortest. 'n case of conflict( thecriterion of least prejudice prevails over the criterion of shortest distance.

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