Right-of-Way Requirements for Subdivision Approval in the Philippines: Easements and RROW Rules

This article explains how “right-of-way” (RROW) and easements affect subdivision planning, approval, and post-turnover in the Philippines. It synthesizes the legal framework (Civil Code, PD 957 and BP 220 with their IRRs, the Water Code, the Local Government Code, expropriation rules, and related sectoral laws), typical regulatory practice, and practical steps for developers, professionals, and LGUs. It is general information, not legal advice.

1) Two different creatures: Easements vs Right-of-Way (RROW)

Easement (servitude) is a real right burdening an immovable for the benefit of another (Civil Code). It may be legal (compulsory) or voluntary/contractual. Examples: drainage, utility corridors, riverbank setbacks.
Right-of-Way (RROW) in land development parlance is the road or access strip needed to reach the subdivision or to move within it. In public works it also refers to the land needed for roads (including widening).
The two often overlap: a legal easement of right-of-way can be demanded by a landlocked owner; road lots inside a subdivision are dedicated as RROWs; separate easements run along or across those roads for utilities and drainage.

2) Core legal bases

Civil Code
- Arts. 613–639: general rules on easements (continuous vs. discontinuous; apparent vs. non-apparent; mode of acquisition; extinguishment).
- Arts. 649–657: legal easement of right-of-way for an enclave (landlocked) estate—may be demanded upon payment of proper indemnity, over the shortest and least prejudicial route to a public highway. As a rule, it must pass through the estate that offers the most convenient outlet, considering cost and damage, not merely distance. Once acquired, the servient owner cannot relocate it unilaterally unless equally convenient and at his expense.
- Arts. 615–617, 620–626: rights and limits for aqueducts, drainage, light and view, party walls, etc.
PD 957 (Subdivision and Condominium Buyers’ Protective Decree) and its IRR; BP 220 (Economic & Socialized Housing standards)
- Govern planning, design, and approval of subdivisions; set minimum road rights-of-way, hierarchy (primary/secondary/access/service roads), curvature/grade limits, cul-de-sac lengths, open space and pedestrian access requirements.
- Require segregation of road lots on the plan and turnover (donation) to the LGU or, where allowed, to the homeowners’ association (HOA), subject to conditions.
Local Government Code (RA 7160)
- Vests the Sanggunian and the Local Chief Executive with authority over locational clearances, subdivision plan approvals (where delegated), road naming and acceptance of donations, and expropriation for local roads. LGUs also enact zoning ordinances and DP/ZOs that can tighten road and easement standards.
Water Code (PD 1067)
- Imposes easements along the banks of rivers, streams, and shorelines measured from the highest ordinary watermark:
  - 3 meters in urban areas,
  - 20 meters in agricultural areas, and
  - 40 meters in forest areas.
- These strips must be easements of public use (pedestrian passage, recreation, bank protection) and kept clear of permanent structures, except limited public facilities consistent with law.
National Building Code and Fire Code
- Driveway access, setbacks, fire-lane widths, turning radii, hydrants, and clearances that function as internal RROW performance requirements.
Right-of-Way for public projects
- For national roads and government infrastructure, the Right-of-Way Act (RA 10752) prescribes negotiated sale at replacement cost, and if needed, expropriation. LGUs expropriate under the Rules of Court (Rule 67) and RA 7160, applying similar compensation principles.
Sectoral and special laws (apply if applicable to the site)
- IPRA (RA 8371): FPIC from ICCs/IPs for projects within ancestral domains.
- NIPAS/E-NIPAS/Protected Area laws: setback and use restrictions.
- DENR EIA system: ECC or Certificate of Non-Coverage depending on size/sensitivity thresholds.
- Energy/telecom/water utilities codes: safety clearances for overhead lines, substations, and pipelines.
- Foreshore/public domain rules for coastal/foreshore tracts.

3) The legal easement of right-of-way (Civil Code) in practice

When available: Only if the dominant estate has no adequate outlet to a public road. If there is access but gravely inconvenient or impracticable (e.g., cliff, river without bridge), courts may still grant a compulsory RROW.
Route selection: Must be shortest and least prejudicial. The servient estate with the most convenient passage bears the burden even if not contiguous to the highway, if the practical path leads through it.
Width: “Sufficient for the needs of the dominant estate.” For a subdivision entrance, agencies often look to subdivision road classification and LGU standards to size it; courts may tailor width to intended use (residential vs. mixed-use).
Indemnity: Includes land value for the strip taken and damages (e.g., severance). Payment is a condition to the exercise of the easement.
Relocation/Extinguishment: Possible if the servient owner offers an equally convenient new route at his expense; extinguished if non-use for the period prescribed by law or if the need ceases (e.g., a public road opens on another side).

Tip: Developers should exhaust voluntary acquisition (purchase or deed of easement) before litigating; courts scrutinize necessity and choice of route.

4) Internal subdivision roads (RROW): planning & standards

Classification & hierarchy. Site plans must show primary/collector/local/service roads, entry boulevard, cul-de-sacs, alleys/walkways, and pedestrian/bike networks, consistent with PD 957/BP 220 and local zoning.
Minimum widths & geometry. National standards set minimum RROW widths and carriageway widths by road class and project type (open market vs. economic/socialized). LGUs or regional offices may impose higher minima (e.g., wider primaries near arterial roads, truck routes, or transit corridors).
Road lots vs. setbacks. The RROW is the entire road lot: carriageway, sidewalks, planting strips/utility strips, curbs, and drainage. Building setbacks are in addition to the RROW.
Cul-de-sacs. Regulated for length, turn-around radius, and emergency access. Some LGUs require pedestrian pass-throughs at the bulb.
Alleys and pedestrian easements. PD 957/BP 220 provide minimum widths for alleys/walkways to ensure utility access and a secondary egress path.

Practice point: When your site borders a national/provincial road, expect driveway/encroachment permits and sight-distance checks (DPWH or the provincial/city engineer). Where road widening is planned, you may be required to reserve additional frontage or set back your gate so vehicles queue inside the site.

5) Turnover and public/private character of subdivision roads

Donation/acceptance. Under PD 957 practice, road lots and open spaces are commonly donated to the LGU (through a deed of donation), subject to Sanggunian acceptance. Some projects (especially private estates) keep roads HOA-owned for internal maintenance; this must be reflected in titles and conditions of approval.
Public access & gates. If the road lots have been donated and accepted, they become public roads; closure or gating requires compliance with the Local Government Code on road closure/partial closure (including public hearings and ordinance). If privately owned, HOAs may regulate access subject to emergency services access, public servitudes (e.g., river easements), and any approval conditions.
Maintenance & utilities. After acceptance, LGU typically maintains the roads; utilities may locate within the RROW subject to permits and excavation/restoration rules.

6) Water, drainage, and environmental easements

Water Code setbacks (3 m urban / 20 m agricultural / 40 m forest) along rivers and streams are non-buildable; use as linear parks, maintenance access, or public passage is encouraged/required.
Storm drainage easements must be platted and annotated; downstream capacity and outfall rights must be secured (off-site drainage easements or outfall permits).
Coastal/foreshore sites may be subject to salvage zones and foreshore lease requirements; coordinate with DENR and NAMRIA on highest waterline determination.
EIA/ECC triggers: large subdivisions or ecologically sensitive locations may require EIS/IEE, slope stabilization, riparian buffers, and flood modeling.

7) Utility and safety easements

Power lines. Observe clearances for distribution and transmission corridors (horizontal setbacks, vertical clearances). Utility owners (e.g., NGCP, local EC) have standard ROW widths by voltage; encroachments are prohibited.
Water supply & sewer. Provide easement strips for mains and P/E manhole spacing; keep easements unobstructed for maintenance.
Telecom. Conduits may share utility strips; coordinate for joint trenching.
Fire & emergency. Fire Code access widths and turning radii are mandatory; don’t plant or gate in ways that block emergency vehicles.

8) Access to a public road (off-site RROW)

If the project site does not front a public road:

Voluntary acquisition: buy or negotiate a deed of absolute sale for a strip, or a perpetual easement of right-of-way (annotated on the servient title).
LGU facilitation/expropriation: for public purpose (e.g., opening a barangay road to serve multiple properties), the LGU may expropriate under Rule 67 and RA 7160; compensation mirrors replacement cost principles.
Judicial easement: as landlocked owner, file an action to establish a legal RROW under the Civil Code, proving necessity and least prejudice route.
Inter-agency rights: if fronting a national road, secure access/driveway permits and comply with sight-distance and channelization requirements.

9) Subdivision approval workflow (RROW-sensitive steps)

Site control & due diligence
- Chain of title; encumbrances (existing easements, road lots, ROW annotations).
- Zoning consistency (LGU CLUP/Zoning Ordinance) and traffic impact expectations.
- Physical constraints: slopes, flood lines, waterways (triggering Water Code easements).
- If agricultural, DAR Conversion clearance when required.
Pre-application conferences
- With DHSUD regional office (formerly HLURB) and LGU planning/engineering to confirm road standards, off-site improvements, and donation/turnover expectations.
Survey & master planning
- Geodetic survey that monuments the RROW and easements; prepare lot data computations (LDCs) and technical descriptions for road lots and open spaces.
- Traffic study, drainage outfall rights, riparian buffer design.
Locational Clearance & Subdivision Plan Approval
- Submit to LGU/DHSUD per delegation; drawings show road hierarchy, widths, and easements; include proof of access (title fronting a public road, or deed of easement/sale for off-site RROW).
Permits & clearances
- ECC/CNC if applicable; DPWH/Provincial access permit; BFP Fire Safety Evaluation; utility consents for crossings/clearances.
Development Permit
- Conditions often require construction of off-site segments (e.g., approach road, drainage outfall) before sales or prior to Certificate of Completion.
Sales License & Registration (PD 957/BP 220)
- Evidence that road lots are platted and easements annotated. Pre-sale typically conditioned on compliance milestones.
Completion & Turnover
- As-built surveys; deed of donation of road lots accepted by the Sanggunian; updated tax declarations; HOA organization. Post-turnover excavation permits control utility works in the public RROW.

10) Common compliance pitfalls (and how to avoid them)

RROW width misalignment. Designing to the minimum without checking LGU-specific add-ons (e.g., mandated bike lanes) leads to redesigns. Always secure written standards from the reviewing office.
Un-platted easements. Drainage/utility corridors shown diagrammatically but not segregated or annotated on the plan or titles cause permit delays and buyer disputes.
Ignoring Water Code strips. Building into the 3/20/40-meter riparian easement triggers demolition/penalties and ECC issues.
Off-site outfalls without rights. Discharging to a creek or canal you don’t control, with no easement or MOA from the owner/government, jeopardizes the project completion.
Gating public roads. Once donated and accepted, roads are public; HOA barriers need legal basis (temporary traffic management with LGU approval) and must not impede emergency access.
Landlocked assumptions. Courts narrowly construe “necessity.” If a narrow but feasible outlet exists, a compulsory RROW may be denied or sized modestly.

11) Templates you’ll actually use (short forms)

A. Deed of Easement of Right-of-Way (key clauses)

Grant: Servient owner grants and constitutes in favor of Dominant owner a perpetual legal easement of right-of-way over the described strip.
Purpose/Width: “for ingress/egress of vehicles, pedestrians, and utilities, minimum width of ___ meters,” with rights to pave, drain, light, and lay utilities.
Indemnity/Price: Consideration (lump sum); taxes/fees allocation.
Maintenance: Dominant owner to maintain/restores to safe condition; no fences/gates restricting agreed clearance.
Relocation: Only by mutual written agreement or as allowed by law if equally convenient, at servient owner’s cost.
Annotation: Parties undertake annotation on title(s).

B. Deed of Donation of Road Lots to LGU (highlights)

Subject: Identified road lot numbers with areas/TDs; free and clear of liens.
Use restriction: Solely for public street purposes; reversion if used otherwise (optional).
Acceptance: Sanggunian resolution accepting donation; delivery/possession upon acceptance.
Warranties: Peaceful possession; authority to donate.

12) Checklist for subdivision RROW & easements

Title due diligence: existing easements/ROW annotations checked
Proof of access to a public road (frontage or deeded strip)
Water Code riparian easements delineated on plan
Internal road hierarchy and minimum widths per DHSUD/BP 220/PD 957 and LGU
Drainage outfall rights and off-site easements secured
Utility corridors sized and kept clear; crossing permits obtained
Fire Code access (lane width, turning radius, hydrants) complied with
Driveway/access permit if connecting to national/provincial/city road
ECC/CNC (as applicable) and zoning/locational clearance
Deed of donation package for road lots; Sanggunian acceptance targeted
As-built and title annotations completed before turnover

13) Frequently asked questions

Q: Can a developer keep subdivision roads private? A: Yes, if approved that way and retained in the developer/HOA title. But if donated and accepted by the LGU, they’re public and cannot be closed without statutory process.

Q: How wide should the off-site RROW be for a new subdivision? A: Size it to at least the minimum internal primary/collector road width applicable to your project type and LGU standards, plus sight-distance and security gate setback so queueing stays inside the site. Courts granting a legal RROW for landlocked estates will set a width sufficient for the needs shown by evidence.

Q: Are structures allowed within the 3/20/40-meter river easement? A: Permanent buildings are generally prohibited; use the strip for access, bank protection, and open space. Certain public safety works may be allowed by permit.

Q: If a neighbor blocks a long-used farm track to the highway, can we claim a RROW by prescription? A: A legal easement of RROW arises from necessity, not prescription. However, an apparent and continuous easement can in some cases be acquired by prescription; facts matter. Consult counsel for evidence strategy.

14) Practical strategy guide

Document necessity early. If you may need a compulsory RROW, assemble proof of landlocking (surveys, topography, flood lines) and alternative routes analysis.
Over-provide at bottlenecks. Entrances, bends, and gatehouses are where queueing and conflicts occur—allocate extra width/depth and sight distance beyond bare minima.
Plat everything. If an easement or utility corridor exists, draw it, dimension it, and annotate it on the plan and titles.
Treat riparian edges as amenities. Early design of linear parks that coincide with Water Code easements improves compliance and sales value.
Align with phasing. Ensure temporary access in Phase 1 meets emergency and construction needs without violating standards.

15) One-page summary (for quick reference)

Civil Code: You can demand a RROW only if landlocked, through the shortest/least-prejudicial route, with indemnity.
PD 957/BP 220: Set minimum internal road RROWs, cul-de-sac limits, alleys/walkways, and open space; road lots must be platted and typically donated to LGU.
Water Code: 3/20/40-meter riparian easements are non-buildable public-use strips.
LGU & permits: Locational clearance, development permit, driveway permits, BFP and environmental clearances.
Turnover: Donation to LGU makes roads public; gating/closure needs statutory process.
Off-site: Prefer negotiated strips; if necessary, Civil Code action or LGU expropriation.
Utilities & safety: Provide clear easements and fire access.
Always check local standards: LGUs can and often do increase minima.

Final note

Exact width tables, geometrics, and submission checklists can vary across DHSUD regional offices and LGUs. Before finalizing drawings or land acquisition, obtain the current written standards and model forms from the specific authorities that will review your project.