Can a Notarized Right of Way Be Revoked?

Enforcing Easement Agreements in the Philippines

Overview

In Philippine law, a right of way is a type of easement—a real right that burdens one parcel of land (the servient estate) for the benefit of another (the dominant estate). Easements are governed by the Civil Code of the Philippines (Arts. 613–662). A right of way may arise in two ways:

Legal easement of right of way (by operation of law): available when a property has no adequate outlet to a public road except by passing over neighboring land.
Voluntary/contractual easement (by agreement): created by the owners through a deed (often notarized), even if the dominant estate is not landlocked.

Because easements are real rights, they “run with the land”: they bind successors-in-interest, not just the original contracting parties—especially once properly registered.

This article explains whether a notarized right of way can be revoked, the lawful grounds and processes to extinguish or modify it, and the practical steps to enforce (or defend against) easement claims in the Philippines.

1) What a Notarized Easement Does—and Doesn’t—Do

Notarization converts a private document into a public instrument. It gives the deed evidentiary weight and a presumption of regularity, and it is generally required for deeds that create real rights over real property. However:

Notarization is not registration. Between the parties, a notarized deed is binding. To bind third persons and successors, the deed should be registered/annotated on the titles at the Registry of Deeds. Unregistered easements can be enforceable against parties with actual knowledge, but registration removes doubt and protects against innocent purchasers.
Notarization doesn’t cure illegality or defects. If the easement violates law, lacks essential consent/authority, is void for cause (e.g., forged signature, lack of owner’s consent, ultra vires signatory), or contradicts public policy, it can be nullified despite being notarized.

2) Can a Notarized Right of Way Be Revoked?

A. No Unilateral Revocation

As a rule, no—one party cannot unilaterally revoke a duly constituted easement just by executing another affidavit or by blocking the pathway. An easement is a real right; once created, it subsists until lawfully extinguished.

B. Lawful Modes of Extinguishment (Civil Code)

Easements may be extinguished only on legally recognized grounds, commonly including:

Merger/Confusion Ownership of both dominant and servient estates unites in one person.
Expiration or Fulfillment/Failure of a Condition If the deed provides a term (e.g., “for 10 years”) or a condition (e.g., “until construction completes”), the easement ends when the term expires or the condition occurs.
Renunciation/Mutual Cancellation Parties may agree in writing (ideally notarized) to extinguish the easement. For effectiveness against successors, register the cancellation/waiver. Consider consequences such as refund of indemnities if stipulated.
Non-use for Ten (10) Years Prolonged non-use can extinguish easements by prescription. Computing the period varies by the easement’s nature, but the safe practical view is: if the dominant owner does not exercise the right of way for 10 years, the servient owner may invoke extinction by non-use.
Permanent Impossibility of Use If the easement cannot be used (e.g., physical changes make passage impossible) and the impossibility is permanent, it may extinguish.
When Legal Necessity Ceases (for legal rights of way) A legal right of way exists only so long as the dominant estate lacks an adequate outlet. If the dominant estate acquires adequate access (e.g., by opening a new road or acquiring adjacent access land), the legal easement may be extinguished—often with consequences for indemnities depending on the deed and equitable considerations.

Practical point: For contractual rights of way that exist even without necessity, the mere appearance of an alternative route does not automatically extinguish the easement—unless the deed says so or the parties agree to cancel it.

C. Relocation and Modification Instead of Revocation

Even when extinguishment is not justified, the servient owner may, under the Civil Code, seek relocation of the right of way to a less prejudicial place, provided the same utility to the dominant estate is maintained and relocation costs are shouldered by the party requesting the change. Similarly, the width of a legal right of way should be no more than necessary for the needs of the dominant estate, and may be modified if needs materially change.

3) Special Rules for the Legal Easement of Right of Way

When the dominant estate is landlocked (no adequate outlet to a public highway), the law grants a legal easement subject to strict requisites:

The dominant estate has no adequate access to a public road.
The right of way shall be located at the point least prejudicial to the servient estate and, as a rule, along the shortest route to the public road.
The dominant owner must pay indemnity, typically covering the value of the land occupied plus damages.
If multiple neighboring estates could host the easement, the choice should consider least prejudice, shortest distance, and equitable factors.

Enforcement may proceed even without a prior contract if these requisites are proven. Conversely, if a notarized “right of way” was granted despite the dominant estate having adequate access, courts may treat it as a contractual easement (valid if voluntarily agreed) rather than a legal one, with different consequences for termination.

Extinction for legal easements: If, later, the dominant estate obtains adequate alternate access, the legal necessity ends, and the easement may be terminated through agreement or judicial declaration.

4) Revocation vs. Rescission vs. Nullity

When a party alleges defect or abuse, the proper legal route matters:

Nullity/Annulment: For void deeds (e.g., forged, no authority, object/causa illegal) or voidable consent (mistake, violence, intimidation, undue influence, fraud). Effect: deed produces no legal effects (void), or may be annulled (voidable) with consequences like restitution.
Rescission (Resolution): For reciprocal obligations with substantial breach, or on specific equitable grounds (e.g., lesion). Effect: contract is set aside and parties restore what was received; damages may be awarded.
Termination per Deed: When the deed itself allows revocation/termination upon stated events (e.g., non-payment of indemnity, misuse, term expiry).

A mere unilateral “revocation letter” usually has no legal effect unless the deed expressly grants that power or a court so orders.

5) Registration, Annotation, and TCT/Tax Map Considerations

Annotate the easement on the Transfer Certificate of Title (TCT)/Original Certificate of Title (OCT) of both dominant and servient estates for clarity and third-party protection.
Subdivision plans and vicinal maps can depict the easement’s course and width.
Unregistered easements may still bind successors with notice, but they risk dispute. Registration is strong risk management.

6) Indemnity: How Much and When

In a legal right of way, the dominant owner must indemnify the servient owner. By default, indemnity generally includes:

Value of the land occupied (often at fair market value); and
Damages for diminution of use or other harm.

For contractual easements, the deed governs: it may fix a lump sum, installments, or continuing compensation. Non-payment can be a breach, potentially supporting rescission if material under the contract.

If a legal right of way later ceases (e.g., alternate access opens), parties often negotiate whether any part of the indemnity should be refunded—outcomes vary based on the deed, equity, and case law.

7) Blocking, Fencing, or Gatekeeping the Easement

The servient owner may not obstruct a valid easement. Common unlawful acts include:

Fencing off the pathway;
Installing locked gates without providing keys or reasonable access;
Parking or placing heavy objects to impede passage;
Excavating or altering grade to render the way unsafe or unusable.

The dominant owner may pursue injunctive relief (temporary restraining order/preliminary injunction) and damages for obstruction. Conversely, the dominant owner must use the way as agreed (e.g., pedestrian vs. vehicular, load limits, hours if stipulated) and avoid unnecessary burden on the servient estate.

8) Relocation, Widening, or Narrowing

The law balances necessity with fairness:

The servient owner may demand relocation to a less prejudicial part of the property if the original route has become significantly burdensome, at the servient owner’s expense (unless the parties agree otherwise), provided the dominant estate’s access remains equally sufficient.
The dominant owner may ask to widen the way if needs have materially increased (e.g., from footpath to vehicular access), but must indemnify for added burden. Conversely, if needs decrease, the servient owner may seek narrowing (with equitable adjustments to compensation).
Courts will prefer routes that minimize prejudice while ensuring functional access.

9) Practical Playbooks

A. If You Want to Enforce a Notarized Right of Way

Collect documents
- Notarized deed, proof of registration/annotations, titles, tax declarations, subdivision/vicinal maps, photos, videos of the route and obstructions, receipts for indemnities paid.
Assess the easement type
- Legal (necessity-based) or purely contractual? Confirm scope: width, use (pedestrian/vehicular), location, hours, maintenance.
Barangay conciliation (Katarungang Pambarangay)
- If parties reside or properties lie in the same city/municipality, barangay conciliation is often a condition precedent before going to court (with recognized exceptions).
Demand letter
- Cite the deed/legal basis; demand removal of obstructions and compliance within a definite period.
File suit if unresolved
- Remedies may include: specific performance, injunction, damages, and annotation/confirmation of the easement.
Maintenance and safety
- Keep the pathway reasonably maintained if the deed so provides or if usage implies; avoid extending use beyond agreed scope.

B. If You Want to Challenge or “Revoke” a Notarized Right of Way

Audit the deed
- Look for defects (authority, forged signatures, capacity), conditional terms, expiry, limits on use, or grounds for rescission.
Check necessity and alternatives
- For legal easements, prove the dominant estate now has adequate alternative access; for contractual easements, show breach, non-use (10 years), or other extinguishment grounds.
Consider relocation
- Propose a less prejudicial route with equal utility; be ready to shoulder relocation costs if you seek the change.
File for judicial relief
- Seek declaration of nullity, annulment, rescission, extinguishment (e.g., cessation of necessity), or modification/relocation.
- Request injunctive relief if the dominant owner is exceeding the agreed scope (e.g., heavy trucks on a pedestrian easement).
Update the Registry
- Upon successful cancellation or modification, register the order or deed of cancellation/relocation to clean up the titles.

10) Common Drafting Tips (to Prevent Future Fights)

When creating or amending a right of way deed:

Identify the estates by TCT/OCT numbers, lot and block numbers, and metes-and-bounds.
Attach a survey plan and sketch with coordinates, width, and area.
Specify type of traffic (pedestrian/vehicular; axle loads; height limits; hours).
Assign maintenance and drainage responsibilities; require insurance if heavy traffic is anticipated.
State indemnity (lump sum vs. periodic), tax allocation, and price adjustment if widened.
Provide relocation and dispute resolution clauses (conciliation first; venue; attorney’s fees).
Clarify term (perpetual vs. fixed) and conditions for termination (e.g., cessation of necessity).
Require registration and annotation on both titles.

11) Key Takeaways

A notarized right of way cannot be revoked unilaterally. It ends only by lawful extinguishment (merger, term/condition, mutual cancellation, non-use for 10 years, impossibility) or, for legal easements, when necessity ceases.
Registration is crucial to bind third parties and avoid future disputes.
Relocation/modification is often the fair middle ground when burdens change.
Self-help (blocking) is risky and can lead to injunctions and damages.
For both enforcement and challenge, build a documented record, follow conciliation where required, and be prepared for judicial resolution if negotiation fails.

Final Note

This article provides a practical, Philippine-law framework for rights of way and easements. Specific facts—like the exact wording of your deed, title annotations, available access, and local conditions—can materially change outcomes. For a contentious or high-value right of way, consult counsel to audit your documents, craft strategy, and ensure proper filings with the Registry of Deeds and the courts.