Here’s a practice-oriented explainer—Philippine context—on easement of right of way obstruction cases: when you can demand a right of way, what “obstruction” means, who sues whom, defenses, remedies, evidence, valuation/indemnity, and practical procedure from barangay to court. (General information only, not legal advice.)

Big picture

An easement (servitude) is a real right imposed on a servient estate (burdened land) for the benefit of a dominant estate (benefited land). A right of way lets the dominant estate pass over the servient estate to reach a public highway or other outlet. Disputes commonly arise when:

A landlocked owner demands a compulsory right of way and the neighbor refuses or blocks it;
An existing right of way (by title, grant, court judgment, or long use) is obstructed by fences, gates, parked vehicles, structures, crops, or earthworks;
Subdivision, sale, or new construction cuts off access (self-landlocking) and someone seeks to shift or cancel the easement.

Types of right of way

Conventional/voluntary — created by contract, deed, partition, or annotation.
Legal/compulsory — granted by law when an estate has no adequate outlet to a public highway and the requisites are met; fixed by agreement or court.
By apparent signs — in severance of ownership (e.g., evident farm road existing before sale/partition) that parties tacitly preserve unless expressly suppressed in the deed.

A right of way is “discontinuous” (it needs human acts to be used), so it cannot be acquired by prescription alone without a title—but it can be compelled by law if requisites are met. Continuous and apparent easements may be acquired by prescription; right of way is not one of them.

When can a compulsory right of way be demanded?

Typical requisites (boiled down to what courts look for):

No adequate outlet from the dominant estate to a public highway (or existing outlet is impracticable, dangerous, or grossly inconvenient for its normal and intended use).
The isolation was not caused by the dominant owner’s acts (e.g., selling the strip that gave access, or building a wall that blocks the only gate) unless legal rules on vendor’s obligation apply.
The way sought must:
- pass through the point least prejudicial to the servient estate; and
- be, as far as practicable, the shortest route to the public highway.
Payment of proper indemnity (see valuation below) before opening the way, unless the parties agree otherwise.

Special notes:

If access was lost due to the seller’s act (e.g., he sold you the interior lot), rules tend to favor routing over the seller’s remaining land.
Width is “what is necessary and sufficient for the needs of the dominant estate” (pedestrian, light vehicle, farm machinery, or trucks), and can adjust over time with proof of need.

What counts as “obstruction”?

Any material interference with an established or lawfully demanded passage, such as:

Fences/walls/gates (locked or built across the path);
Deposits (soil, construction materials, garbage) or plantings grown to block access;
Parked vehicles/equipment or security posts erected on the path;
Narrowing/relocating the lane without consent or court order;
Harassment or violence preventing use (even if the physical path is open).

Parties & property roles

Dominant estate owner (or lawful possessor): claimant for establishment/maintenance of the way; plaintiff in obstruction/removal suits.
Servient estate owner/possessor: defendant; may also sue to extinguish, relocate, or regulate an existing way.
Developers/subdividers: often indispensable where their acts created the landlocked condition.
Co-owners/tenants/beneficiaries: implead if their rights are affected (e.g., agrarian occupants).

Remedies (choose what fits the facts)

Pre-litigation

Demand letter: specify route, width, legal basis, indemnity offer, and deadline to vacate/stop obstructing.
Barangay conciliation (Katarungang Pambarangay): condition precedent when parties reside in the same city/municipality and no exception applies.

Judicial

Complaint to establish a compulsory right of way with fixing of route & width, valuation/indemnity, and removal of obstructions (plus damages/injunction).
Action to enforce existing easement (by deed/judgment/annotation) with injunction and damages.
Accion interdictal (forcible entry) within 1 year from being physically deprived of use of the easement (e.g., sudden blocking of a long-used passage); goal is speedy restoration of prior possession/use.
Accion publiciana/reivindicatoria (beyond 1 year or when ownership/title issues predominate).
Preliminary mandatory injunction to immediately open a blocked way (extraordinary, but courts grant it when the right is clear and irreparable harm is shown).
Criminal (malicious mischief or related offenses) only in narrow scenarios; civil route is standard.

Administrative overlays

Building/encroachment violations may be actionable with the LGU (zoning, building official) if the obstruction violates permits/sets-backs.

Jurisdiction & venue

These are real actions (they affect real property). Venue: where the land is located.
First-level courts (MTC/MTCC/MCTC) handle interdictal cases and real actions within their jurisdictional value limits; Regional Trial Courts handle the rest and actions incapable of pecuniary estimation (common for easement establishment).
If multiple parcels/municipalities are involved, file where any property lies but be mindful of practical proof issues.

Valuation & indemnity (how much to pay)

For a permanent right of way fixed by law or court, indemnity generally covers:

Value of the land occupied by the right of way (area × fair value), and
Damages for depreciation or injury to the servient estate (e.g., loss of crops, fences, drainage changes).

For temporary or limited passage (e.g., construction access), courts award damages or rentals rather than the land value.

Who pays? The dominant estate pays the servient estate. Payment or deposit is typically required before opening the way under a judgment.

Adjusting the width: prove the operational need (vehicle specs, farm equipment width, safety clearance). Oversized claims without proof get scaled down.

Location rules (least prejudice, shortest route)

Courts balance:

Shortest route to the highway vs. least prejudice to the servient estate (value, productivity, safety, privacy, existing improvements).
Avoid houses, courtyards, gardens, and farm systems when reasonable alternatives exist.
Existing apparent paths and historic use are persuasive but not absolute.

Defenses & counter-moves (servient estate)

There is another adequate outlet (even if longer) that is practicable and safe for the dominant estate’s ordinary use.
The dominant owner caused the isolation (self-landlocking), so the route should burden the part he alienated or be limited.
Proposed route unnecessarily prejudicial; offer an alternative alignment of equal utility but less damage.
Non-compliance with due process: no barangay conciliation (when required); indispensable parties missing; vague metes and bounds.
Excessive width claim vs. actual need; require technical proof.
Payment not tendered (when judgment requires payment before opening).

Changing, extinguishing, or redeeming the easement

An easement may be:

Relocated if the original route becomes more burdensome and an equally convenient route exists (cost borne by the party requesting change).
Extinguished by: merger (same owner of both estates), non-use for 10 years (for discontinuous, counted from last use), impossibility, or redemption by the servient owner when the easement becomes unnecessary because the dominant estate acquired adequate access elsewhere (with return of indemnity as equity may require).

Evidence that wins (and what to gather now)

Titles, tax declarations, approved subdivision/relocation surveys, vicinity maps showing the public road.
Technical plan of proposed route: bearings, widths, area to be burdened, and alternatives with distance and slope.
Photos/videos of physical obstructions and any prior path used.
Engineering/agronomy reports on feasibility, drainage, soil, and impact on crops/improvements.
History of access: affidavits of use, delivery routes, prior agreements, receipts for past indemnities.
Communications: demand letters, barangay minutes, refusal letters/messages.
Valuation: appraisals for land value and itemized damages (crops, fences, structures).

Step-by-step playbook

For the dominant estate (plaintiff)

Survey & options: commission a relocation/topographic survey showing shortest and alternative routes, widths, and impacts.
Demand: send a written demand proposing route/width and offering indemnity (attach plan).
Barangay: initiate conciliation if applicable; document the impasse.
File suit: Complaint to establish/enforce easement, with prayers for preliminary mandatory injunction (to open/restore passage), fixing of route & width, valuation, and damages.
Provisional deposit: be ready to deposit court-assessed indemnity before opening.
Implement judgment: annotate on titles if ordered; stake out the corridor with monuments; keep it clear.

For the servient estate (defendant)

Assess alternatives: identify an equally serviceable but less prejudicial path; have it surveyed.
Document prejudice: show loss to improvements, irrigation, privacy/safety; quantify damages.
Challenge need/width: require proof of “adequate outlet” absence and operational necessity for vehicle sizes.
Counter-offer: propose relocation with you bearing survey costs if you ask for the change; insist on payment before opening.
Keep gates reasonable: if security is a concern, propose gates with keys/schedules—courts accept regulation of use if reasonable.

Drafting the pleadings (what to ask the court)

Fix the easement: legal description (metes and bounds), width, and permitted users/vehicles.
Order removal of specific obstructions and enjoin future blocking.
Assess indemnity (land value occupied + consequential damages) and require payment/deposit before opening.
Authorize police/sheriff assistance if non-compliance.
Costs and damages (lost business, detours, crop loss, attorney’s fees) when proved.
Direct annotation of the easement on the affected titles.

Regulation of use

Even with a granted easement, the servient owner may reasonably regulate use to protect property (speed limits, load limits, no-parking, time windows), so long as regulation does not defeat the easement’s purpose. The dominant owner must use the way as a prudent owner, avoiding unnecessary damage and maintaining what the judgment or deed requires (e.g., sharing maintenance).

Common pitfalls (and how to avoid them)

Vague route (“somewhere along the boundary”) → always attach a survey plan.
Skipping barangay when required → dismissal for failure of condition precedent.
Overbroad claims (truck corridor for a residence) → claim what you can prove you need.
Opening the way without paying court-fixed indemnity → contempt/execution issues.
Suing the wrong neighbor → the law prefers the path of least prejudice/shortest route, not necessarily the nearest friendliest owner.
Ignoring titling/annotation → future owners may contest; annotate when ordered.

Quick templates (short forms)

A. Demand to Remove Obstruction / Open Way

We own [Lot/Title No.] which lacks adequate outlet to [public road]. Under the Civil Code on right of way, we demand access over [describe strip; attach plan], the shortest route and least prejudicial to your land, at [proposed width]. We offer to pay indemnity per law and reasonable damages (valuation attached). Please remove [fence/gate/soil] within [7–15] days or we shall pursue barangay conciliation and court relief (injunction, damages).

B. Complaint (key prayers)

(1) Establish a compulsory right of way over [metes and bounds] at [width]; (2) Order removal of [specific obstructions] and enjoin future blocking; (3) Fix indemnity (land value + consequential damages) and require payment/deposit prior to opening; (4) Sheriff/police assistance for enforcement; (5) Costs and damages; (6) Annotation on titles.

At a glance

Who can demand? A landlocked owner with no adequate outlet not due to his own acts, upon paying indemnity.
Where must it pass? Least prejudice to servient land and shortest route to a public road; width = needs-based.
Obstruction cases: sue to establish/enforce the easement, seek injunction and damages, and be ready to deposit indemnity.
Defenses: adequate alternative outlet, excessive width, alternative alignment, procedural defects.
Change/terminate: relocation for good cause; redemption/extinction when unnecessary or by non-use/merger.
Proof wins: survey plans, photos, use history, valuation, barangay records.

If you want, I can turn this into a ready-to-file complaint with exhibits (survey plan placeholders, valuation table, and a proposed mandatory injunction order), or draft the defense/counter-proposal playbook tailored to your parcel maps.