A practitioner’s guide for property owners, developers, and local governments

Scope. This article surveys the legal rules on access and rights of way where (a) an existing road has been abandoned, closed, or “decommissioned,” or (b) a public or private road is a dead-end (cul-de-sac). It synthesizes the Civil Code on easements, constitutional/property classifications, and local-government powers, then applies them to common real-world scenarios. It is general information, not legal advice.

1) Core legal building blocks

A. Classification of property and roads

Public dominion vs. patrimonial property. Roads “for public use” form part of the public domain. While they are devoted to public use, they are outside commerce: they cannot be sold, donated, or acquired by prescription. Once validly withdrawn from public use or public service, they pass to the government’s patrimonial property and become alienable and disposable under law and local ordinances.
Kinds of roads.
1. National roads (DPWH jurisdiction);
2. Provincial, city/municipal, and barangay roads (LGUs);
3. Private/subdivision roads (owned by private persons or developers) which may be:
  - Donated/turned over to the LGU (becoming public), or
  - Retained as private property, sometimes subject to servitudes or regulatory conditions (e.g., subdivision approvals).

B. Easement (servitude) of right of way under the Civil Code

Nature. A legal easement allowing an enclosed estate (walang labasan) without adequate access to the public highway to demand a passage through neighboring estates upon payment of proper indemnity.
Requisites (distilled from the Code and jurisprudential standards):
1. The claimant is an owner (or with real right) over a landlocked or inadequately served estate;
2. Isolation is not due to the claimant’s own acts;
3. The route demanded is least prejudicial to the servient estate, and, as far as practicable, the shortest path to a public road;
4. Indemnity is paid (amount depends on permanence and damage; see below).
Width and manner of use. Must be sufficient for the needs of the dominant estate (e.g., footpath vs. vehicular access). Courts commonly tailor width (often 3–5 meters for vehicles, more for commercial/agri-industrial uses) based on necessity and proportionality.
Indemnity.
- If the easement entails permanent occupation, the servient owner is generally entitled to the value of the strip taken plus consequential damages.
- If intermittent/temporary (e.g., passage at certain times), indemnity may be damages only.
Localization. Courts and parties should prioritize the least burdensome path, even if not the absolutely shortest. Existing traces of passage and natural terrain are relevant.

2) “Abandoned” or “closed” public roads: what changes?

A. While the road is still public

No prescriptive claims can arise against a public road; private persons cannot acquire it by long use.
Right of way must terminate at a public road. A claimant cannot insist on a “right of way” that ends at another private tract unless that tract is the route least prejudicial and ultimately connects to a public highway (or the private route is subject to an existing servitude or consent).

B. After valid closure/withdrawal from public use

Legal effect of closure. Properly closed roads cease to be of public dominion and usually become patrimonial property of the national or local government, subject to disposition rules.
Who may acquire. Only after lawful reclassification/closure and compliance with disposal procedures (e.g., ordinance, public bidding, or authorized modes) may a former road lot be conveyed to private persons.
Abutters’ expectations. Adjacent owners do not automatically acquire the former roadway, unless a statute, ordinance, title condition, or contract so provides. Abutters may, however, negotiate purchase or dedication of a private easement to preserve access.

C. The LGU role in closing/opening local roads

Ordinance & due process. Permanent closure typically requires a sanggunian ordinance after notice and hearing. Temporary closure for events is different (executive action).
Substitute routes. While not always mandated by a single codified rule, best practice and many local regimes expect adequate alternative access to avoid landlocking properties and to minimize impairment of access rights.
Post-closure use. Once patrimonial, the LGU may lease, sell, or repurpose the property—subject to limitations (e.g., Commission on Audit rules, local procurement/disposal rules, zoning).

3) Dead-end (cul-de-sac) roads: special considerations

A dead-end public road is still a public road; access through it remains public up to its terminus. Properties abutting the end generally enjoy practical access but do not gain ownership of the road.
If a dead-end is later closed at or near the mouth, properties beyond the closure risk becoming enclosed. Those owners can:
1. Challenge improper closure (e.g., lack of ordinance/notice), or
2. Demand a Civil Code easement across the most convenient neighboring land (which could be the former road lot if it has become patrimonial or is conveyed to a private party), upon paying indemnity.

4) Private and subdivision roads

A. If the road remains private

Owner’s control. The owner may set reasonable conditions of use (e.g., gates, guards), subject to permits and police power (fire access, safety, traffic).
Public use by tolerance (longstanding open use) does not by itself convert a private road into public dominion.
Easements by necessity or by grant. Neighboring owners may negotiate a conventional easement (contract) or demand a legal easement if their property is enclosed and the private road is the least prejudicial outlet.

B. If the road was donated/turned over to the LGU

It becomes part of the public domain, governed like other public roads.
Any subsequent closure must follow public-road procedures (ordinance, etc.). Prior private conditions usually yield to the public character, unless recorded servitudes were reserved and are legally compatible.

5) “Abandonment” versus “non-use” versus “paper roads”

Abandonment is a legal act, not mere non-use. A road remains of public dominion until formally withdrawn from public use/service.
Non-use (e.g., overgrown, impassable) does not automatically declassify the road or vest title in abutters.
Paper roads (platted road lots on subdivision plans but never opened) can complicate titles. If annotated as road lots and accepted by government, they are typically dedicated for public use. If never accepted or turned over, they may remain private road lots—but expect regulatory constraints.

6) How the right of way is measured, priced, and maintained

Width and alignment. Calibrated to the actual necessity (residential vs. commercial; fire-truck access; turning radii). Courts weigh terrain, existing paths, environmental constraints, and total burden on the servient estate.
Indemnity and valuation. Often benchmarked to fair market value (e.g., zonal value or appraisals) plus proven consequential damages (retaining walls, drainage, security).
Who pays for works. As a rule, the dominant estate bears the construction and maintenance expenses proportionate to its use, unless parties agree otherwise.
Relocation. The servient owner may seek relocation to a less prejudicial site if it still satisfies the dominant estate’s reasonable needs, usually at the dominant estate’s expense.

7) Water, drainage, and utility easements along former or dead-end roads

Drainage and aqueduct easements are distinct legal easements, sometimes necessary when converting road lots (e.g., to ensure upstream parcels do not flood).
Utility corridors (power, water, telecom) may be preserved or newly established across former road lots; relocation typically requires the utility’s consent, technical feasibility, and allocation of costs.

8) Remedies and procedures

A. If your parcel becomes landlocked after a closure

Document title chains, approved plans, and the road’s legal status (ordinance, DPWH/LGU certifications).
Engage the LGU: seek reversal, modification, or mitigation (e.g., reserve a pedestrian/vehicular servitude).
If necessary, file an action for:
- Nullification of an improper closure, and/or
- Judicial easement of right of way against the least-prejudiced neighboring owner (which could be the former road lot holder).
Offer indemnity backed by appraisal; propose technical drawings (width, alignment, mitigation works).

B. If you own the servient estate (neighbor being claimant)

Assess the requisites: Is the claimant truly landlocked? Did they cause their own isolation (e.g., sold off their access)?
Alternative routes: Identify shortest/least-prejudicial options (including over public land, if lawful).
Propose terms: Width limits, operating hours if reasonable, safety measures, and compensation reflecting value and damages.

C. Evidence that commonly decides cases

Approved subdivision/road plans, tax maps, title annotations (“road lot,” donations, reservations), ordinances/resolutions, certifications that a road is public/private/closed, surveys, photos, and expert reports on terrain and traffic.

9) Frequently encountered scenarios

LGU permanently closes a dead-end spur to repurpose the land.
- If closure was validly enacted, the spur becomes patrimonial and may be disposed. Properties at the cul-de-sac that lose access may demand an easement across the former spur (or another neighbor), with indemnity.
Subdivision road never turned over; developer fences it.
- If title remains private and no dedication was perfected, the road is private. A landlocked neighbor may still claim a legal easement if the route is least prejudicial, upon paying compensation.
“Abandoned” barangay road, overgrown for years.
- Without a closure ordinance or formal withdrawal, it remains public; no prescriptive ownership in favor of abutters. The LGU can clear or re-open it; private fencing is generally unlawful.
Paper road shown on plans but never opened.
- Determine if there was acceptance/dedication. If yes, it likely functions as a reserved public right-of-way; if not, it may remain private subject to regulatory conditions.
Owner sold frontage and landlocked himself.
- The law disfavors granting an easement if self-isolation caused the need; the claimant may have to buy back access or seek another consensual solution.

10) Practical checklists

For property owners seeking access

□ Title and tax map of your lot and all adjoining lots
□ Approved plans and road classifications (national/provincial/city/barangay/private)
□ LGU or DPWH certifications on status (public/private/closed)
□ Evidence that your lot is enclosed and not by your own doing
□ Survey locating least-prejudicial corridor and width justified by need
□ Appraisal to support indemnity; proposed mitigation (drainage, retaining walls)
□ Draft right-of-way agreement (if by contract) or pleadings (if judicial)

For LGUs contemplating road closure/repurposing

□ Traffic and access impact study; alternative access mapped
□ Notice and public hearing; sanggunian ordinance
□ Inventory/classification update (from public dominion to patrimonial)
□ Disposition plan compliant with disposal & audit rules
□ Preservation or relocation plan for utilities and drainage
□ Measures to avoid landlocking private parcels (easement reservations)

11) Allocation of costs and ongoing obligations

Construction & maintenance of the right-of-way are typically shouldered by the dominant estate, unless otherwise agreed.
Security and gates may be allowed if they do not defeat the easement’s utility and are reasonable; costs are negotiated or court-allocated.
Environmental and safety compliance (erosion control, sightlines, drainage) follows the party undertaking works, often the easement holder.

12) Key takeaways

Public road status controls everything. A “dead-end” is still public if not lawfully closed; private claims do not ripen by mere non-use.
Closure is a legal act. Only after valid closure can a road lot be treated as patrimonial and disposed of; even then, access rights of affected owners must be addressed.
Right of way is about necessity, not convenience. Courts weigh enclosure, least prejudice, and fair compensation—then tailor width and alignment.
Paperwork wins cases. Titles, plans, ordinances, certifications, and surveys decide whether you have a public road, a private lane, or a compensable easement.

13) Model clauses & drafting tips (for private settlements)

Grant of easement. “Owner of Lot 123 (Servient) grants to Owner of Lot 124 (Dominant) a perpetual, non-exclusive right of way over the strip described in Annex ‘A’, for ingress/egress by vehicles and pedestrians.”
Width & standards. “Width shall be 4.0 meters; Dominant shall construct and maintain pavement and drainage to DPWH/LGU standards.”
Indemnity. “Dominant shall pay ₱____ as consideration for permanent occupation plus any proven consequential damages supported by appraisal.”
Relocation clause. “Servient may, at its cost and without material impairment, relocate the corridor to an equivalent route, upon 60 days’ notice and updated survey.”
Utilities. “Dominant may lay underground utilities within the corridor subject to technical approvals; restoration at Dominant’s cost.”
Registration. “This easement shall be annotated on both titles and shall run with the land.”

Final word

When confronted with an “abandoned” or “dead-end” road, separate facts (What is the road’s current legal status?) from rights (Do you meet the requisites for an easement?) and remedies (LGU proceedings vs. judicial easement). Most disputes resolve with a survey-anchored, indemnity-backed agreement that keeps everyone accessible—and compliant.