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TOPIC: Legal Advice on Perpetual Right of Way

Legal Advice on Perpetual Right of Way 2 years 1 month ago #17593

Hi atty. Libayan,

hingi lang po ng free legal advice regarding sa perpetual right of way easment.

we are the owner of the sevient estate and the easement is clearly annotated in our title. our problem is the dominant estate claims that he has the right to park his car on the easement when its clearly stated that he has been granted only the right of way.

the set-up before was us and owner of the dominant estate are using the easement as parking. and we are letting them because we only have one vehicle at that time and we move our vehicles if either one of us needs to pass. when we acquired another vehicle, we told them that they could not park on the easement anymore because we're going to use it already. right now he is saying that if we're not going to allow him to park on the easement he says that we should not park also. right now he cannot park on his property because of the existing structures he built.

my questions are:

as the owner of the servient estate, do we have the right to park our car on the easement provided that we will remove our vehicle everytime his vehicle will pass?

if i understand art. 630 of the civil code of the philippines correctly, we can do anything with our property as long as he could pass through/use the exercise of the easement. am i correct?

by building structures that prevent him to park his vehicle in his own property. can we prevent his vehicle to enter our property?

thank you very much!
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