Rights Regarding Maintenance of Right of Way on Property (Philippine Law Overview)

I. What is a “Right of Way” in Philippine Law?

Under the Philippine Civil Code, a right of way is a type of easement (servitude): a burden imposed upon one property (the servient estate) for the benefit of another (the dominant estate).

A classic example: A parcel of land has no access to a public road. The law allows its owner to demand a right of way over neighboring property so that the isolated land can reach the public highway.

Key Civil Code concepts:

Easement (Art. 613, Civil Code) – A burden on a servient estate for the benefit of a dominant estate.
Right of way – A legal easement created by law to benefit land with no adequate outlet to a public highway (Arts. 649–657).
As a legal easement, it exists by force of law if the conditions are met, but in practice it is usually:
- Agreed to by contract, and/or
- Recognized or enforced by a court decision and annotated on the titles.

When we talk about maintenance of a right of way, we are talking about:

Physical upkeep (grading, concreting, graveling, etc.);
Clearing obstructions (fallen branches, parked vehicles, debris);
Ensuring safe use (drainage, repair of potholes, damaged pavement);
Allocation of costs and responsibilities between the parties.

II. Legal Basis Relevant to Maintenance

Philippine rules on maintenance of a right of way primarily come from:

Civil Code provisions on easements in general
- Particularly on who pays for works necessary for use and preservation of the easement (e.g., Art. 626).
Civil Code provisions on easement of right of way (Arts. 649–657)
- Focused more on creation, location, width, and indemnity, but affect maintenance indirectly.
Titles and contracts
- Deeds of sale, compromise agreements, right-of-way agreements, etc., can specify detailed maintenance obligations.
Local ordinances and building regulations
- Especially for drainage, road standards, and subdivision roads.
Jurisprudence
- Supreme Court decisions interpreting how these rules apply in real disputes.

Even if the contract is silent, the Civil Code provides default rules on who may maintain and who pays.

III. Creation and Scope of a Right of Way (Quick Context for Maintenance)

Before maintenance, it’s vital to understand the scope of the easement, because maintenance cannot legally exceed that scope.

Under Articles 649–651:

A landowner may demand a right of way when:
1. Their property is surrounded by other estates, with no adequate outlet to a public highway;
2. The isolation is not due to their own acts (e.g., they didn’t voluntarily cut off their own access);
3. The chosen route is least prejudicial to the servient estate; and
4. The owner of the dominant estate pays proper indemnity (price of land occupied plus damages).
Width and location:
- Determined by the needs of the dominant estate.
- Should be at the point where distance to the public road is shortest and least prejudice is caused to the servient estate.

These factors matter because maintenance must respect:

The exact route and width of the easement; and
The purpose for which it was granted (e.g., pedestrian access, light vehicles, heavy trucks).

IV. General Rule on Maintenance: Who Maintains and Who Pays?

The Civil Code’s general rule on maintenance of easements is:

The owner of the dominant estate is obliged to make, at his own expense, all the works necessary for the use and preservation of the servitude, unless otherwise provided in the title or by custom. If these works are also beneficial to the servient estate, the owner of the servient estate must share the costs in proportion to the benefit.

Translated into practical terms for a right of way:

Default rule:
- The dominant estate (the one needing access) is primarily responsible for maintenance and repair of the right of way.
Exception – Shared benefit:
- If the works clearly benefit both dominant and servient estates (e.g., the servient owner also uses the paved path to access their own structures), the servient estate should contribute to costs in proportion to the benefit they receive.
Contract can override default:
- A written agreement can:
  - Make the servient owner responsible for all or part of the maintenance;
  - Provide equal sharing; or
  - Set specific cost-sharing percentages.

If the title (deed, contract, or court decision) is silent, you fall back on the default Civil Code rule.

V. What Kinds of Maintenance Are Allowed?

The dominant estate has the right and duty to do “works necessary for the use and preservation” of the easement, but this right is not unlimited.

1. Physical Repairs and Improvements

Generally allowed:

Grading/leveling the pathway so it is passable;
Laying gravel, filling potholes, compacting soil;
Concreting or asphalting the path, if reasonably needed for intended use;
Installing minor safety features (e.g., small curbs, speed bumps, reflectors) if not unduly burdensome.

Limits:

Works must be reasonable, necessary, and tailored to the intended use. Example: If the easement was clearly for pedestrian access only, it may be too burdensome to concrete and widen it for heavy trucks without the servient owner’s consent or a court’s intervention.
Maintenance must not increase the burden beyond what was intended when the easement was created.

2. Drainage and Water Control

Drainage is often a contentious issue:

The dominant estate may install drainage channels, culverts, or slight slopes to prevent water accumulation and preserve the road surface.
However:
- They cannot redirect large volumes of water in such a way that it floods or severely damages the servient estate.
- Works should remain within the easement area and must follow local drainage codes.

If proper drainage benefits both properties (e.g., reducing flooding of the servient estate’s yard), the servient owner may be obliged to share in costs.

3. Clearing Obstructions and Vegetation

Reasonably allowed:

Removing weeds, grass, and small shrubs on the easement strip;
Cutting branches of trees that hang dangerously or obstruct passage;
Clearing temporary obstructions (junk, parked vehicles, construction materials).

Care is needed if:

Trees are cut or heavily pruned; the servient owner still owns those trees.
You may remove obstructions, but not gratuitously destroy valuable property (like fruit-bearing trees) without necessity. Doing so may require compensation or agreement.

4. Fences, Gates, and Security Measures

Frequently seen:

The servient owner may put up a gate or fence crossing the right of way if:
- It does not impair the use of the easement;
- The dominant estate still has convenient access (e.g., keys, passcode, 24/7 guard access).
The dominant owner:
- May ask that gates remain reasonably usable (e.g., not locked at unreasonable hours);
- May agree on shared security measures (e.g., subdivision-style entrance).

Any structure that substantially impedes access (e.g., permanently locked gate without access, heavy posts narrowing the driveway) can be challenged and removed through legal action.

VI. Right of Entry for Maintenance Works

Because the right of way lies on the servient estate, any maintenance requires entering that property.

Principles:

Implied right of access:
- The dominant estate, its workers, and contractors have an implied right to enter the easement area to perform necessary works.
Scope of entry:
- Entry must be limited to the area of the easement and any minimal adjacent area needed to perform the works safely.
- Straying far beyond the easement strip may be considered trespass.
Time and manner:
- Entry should be at reasonable hours and with reasonable notice, especially for disruptive works (digging, noisy repairs).
- In emergencies (e.g., sudden collapse of a portion of the path making it impassable), immediate entry is usually reasonable.
Duty to avoid unnecessary damage:
- The dominant estate must:
  - Conduct works in a way that minimizes damage;
  - Restore disturbed areas as much as reasonably possible; and
  - Pay for any extraordinary damage caused.

VII. Cost Allocation in Detail

The Civil Code rule breaks down into practical scenarios:

Dominant estate alone uses the easement

Example: Only the landlocked owner’s vehicles and foot traffic use the road.

The dominant estate:
- Pays for all routine maintenance (grading, gravel, minor repairs).
- Pays for major improvements (concreting, widening), unless agreed otherwise.
The servient estate:
- Does not usually share in costs, unless they agreed to do so.
- Cannot be compelled to pay merely because the improvement indirectly increased property value.

Both estates regularly use the easement

Example: Both neighbors use the same access road to reach different parts of their properties.

Both dominant and servient owners:
- Should share the cost of necessary works in proportion to actual use/benefit.
- May agree on a formula (50–50, or pro rata based on number/weight of vehicles, etc.).
If one refuses to contribute:
- The other may still perform the works to preserve the easement;
- A court can later be asked to order reimbursement of the appropriate share.

Servient estate introduces a new, heavier use

Example: Servient owner builds apartments and heavy trucks now use the same roadway, causing it to deteriorate faster.

The servient estate:
- Might be required to shoulder a greater share of maintenance costs corresponding to the added burden caused by their new use.
The dominant estate:
- Can object if the new use unreasonably increases wear and tear or makes the road dangerous.
- May seek legal relief to regulate that use.

Upgrading the easement

Example: Dominant estate wants to concrete the gravel road to accommodate more vehicles.

If concreting is reasonably necessary for the intended use and does not greatly increase the burden, it is often allowed as part of maintenance/improvement.
If the upgrade significantly burdens or alters the servient estate (e.g., major widening requiring demolition of structures), then:
- The dominant owner may need agreement or
- A court order modifying the easement (with additional indemnity).

VIII. Limits on Maintenance Works

Maintenance rights are balanced against the servient owner’s rights. Key limits:

No change in nature or purpose of the easement

If the easement was granted as a pedestrian path only, the dominant estate cannot unilaterally convert it into a two-lane vehicular driveway.
Big changes in use typically require:
- A new agreement, or
- A court action to modify the easement.

No unnecessary burden

Maintenance should:
- Avoid cutting more land than necessary;
- Avoid blocking access to the servient estate’s buildings, windows, or utilities;
- Avoid causing excessive noise, dust, or danger beyond what is reasonably required.

No permanent occupation beyond the easement

The dominant estate cannot turn the easement area into:
- A parking lot for guests unrelated to the dominant estate’s access needs;
- A storage area for construction materials, if that is not necessary to maintain the right of way.

Respect for servient owner’s ownership

The servient owner still owns the land and can:
- Use the easement area in ways compatible with the easement (e.g., passing over it, planting on its sides, installing underground utilities) as long as this does not impair the right of way.
- Seek compensation for unjustified damages caused by the dominant estate’s maintenance works.

IX. Changes in Route or Width and Their Effect on Maintenance

Philippine law allows some flexibility in route or width, subject to strict conditions.

Servient estate may change the location The servient owner may ask to relocate the right of way if:
- There is another route equally convenient for the dominant estate; and
- The new route is less prejudicial to the servient estate.
If the route is changed, maintenance obligations move to the new location.
Dominant estate may seek widening or rerouting
- If the original easement is no longer sufficient for reasonable needs (e.g., road now used by larger vehicles), the dominant owner may seek:
  - Agreement with the servient owner, or
  - Court intervention for modification, usually with additional indemnity.
Effect on maintenance
- After relocation or widening:
  - The same maintenance principles apply to the new configuration.
  - Any new physical works required (e.g., new pavement) are typically the dominant estate’s responsibility, unless otherwise agreed.

X. Non-Maintenance, Obstruction, and Legal Remedies

Both neglecting maintenance and obstructing the right of way can lead to disputes.

1. If the dominant estate neglects maintenance

Consequences:
- The path may become impassable or dangerous, reducing the benefit of the easement.
- The servient owner may:
  - Insist that repairs be done; or
  - In extreme cases, seek judicial relief to regulate or even terminate the easement if it causes unjust damage and is no longer needed or used.

2. If the servient estate obstructs the easement

Examples:

Building a wall across the right of way;
Locking a gate and denying access;
Leaving heavy materials or vehicles parked permanently on the path.

Remedies for the dominant estate:

Demand letter / negotiation
- First step is usually a written demand to remove obstruction or allow access.
Barangay conciliation
- For disputes between individuals in the same city/municipality, Lupong Tagapamayapa (barangay) conciliation is often a mandatory first step before filing a court case.
Civil action
- The dominant estate may file a case for:
  - Specific performance (enforcement of the easement);
  - Injunction (to compel removal of obstructions and prevent future interference);
  - Damages (for losses due to denied access, such as lost business or necessity of alternative routes).
Annotation on title
- It is advisable that the easement (and preferably the court decision or agreement establishing it) be annotated on the titles of both dominant and servient estates to bind subsequent buyers.

XI. Special Cases: Public and Utility Rights of Way

While the focus above is private right of way, there are related forms:

Public road right of way
- Roads owned by the government (national, provincial, city, municipal, barangay roads) are governed by:
  - Public highways laws;
  - Public easement provisions (e.g., along rivers, shores, etc.);
  - Local ordinances.
- Maintenance is typically the responsibility of the government entity concerned, funded by public money, and governed by public bidding and procurement rules.
Utility rights of way (electric lines, water pipes, telecoms)
- These usually arise from:
  - Contracts with landowners;
  - Expropriation proceedings;
  - Specific statutes granting utilities the power to install lines, pipes, and poles.
- Maintenance and repair:
  - Typically the responsibility of the utility company;
  - The company has a right to enter the right of way area for inspection and repair, with a duty to minimize disturbance and compensate for any damage.

These public and utility rights of way operate alongside, but are legally distinct from, the Civil Code easement of right of way between neighboring private lands.

XII. Practical Tips for Landowners (Philippine Context)

Put the easement in writing
- Even if the right of way exists by law, a written agreement specifying:
  - Route, width;
  - Type of use (pedestrian, vehicles, heavy trucks);
  - Who maintains what, and how costs are shared;
  - How future upgrades or widening will be handled,
- will prevent many disputes.
Annotate on titles
- Have the easement (and any court decision or key agreement) annotated on both the dominant and servient titles at the Registry of Deeds.
Agree on a maintenance schedule and cost-sharing
- For shared-use right of way, agree in advance:
  - How often road maintenance will be done;
  - Who chooses contractors;
  - How invoices will be split and paid.
Respect each other’s property rights
- Dominant estate:
  - Limit work to what is necessary;
  - Give notice before major works;
  - Avoid damaging the servient property and promptly repair or pay for any damage.
- Servient estate:
  - Do not block access;
  - Coordinate before putting up any gate or structure crossing the easement;
  - Participate in maintenance costs if you derive clear benefit.
Use barangay conciliation before litigation
- For most neighbor disputes, you must first go through barangay mediation. This can often lead to a practical compromise about maintenance responsibilities and schedules.
Consult a local lawyer for specific cases
- Actual rights and obligations can hinge on:
  - Exact wording of contracts/titles;
  - Actual use and history of the right of way;
  - Local ordinances and court precedents.
- A lawyer can interpret these in light of the Civil Code and relevant jurisprudence.

This article gives a comprehensive overview of rights regarding maintenance of a right of way over property in the Philippines, centered on the Civil Code’s rules on easements and practical application. For any specific situation (e.g., a neighbor blocking access, disputes on who pays for concreting, relocation of the path), it is important to examine the exact documents, titles, and facts and, ideally, obtain tailored legal advice.