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    CALLIMOSSO Vs ROULLO

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    Laurena Reblando
    The respondent's property is landlocked and surrounded by other properties including the petitioners' property. The respondent filed a complaint for an easement of right-of-way through the petitioners' property as it is the shortest route to the public road. The petitioners objected as it would damage the structures on their land. The court disagreed with establishing the easement through the petitioners' property, as although it is the shortest route, it is not the least prejudicial to the petitioners given it would destroy fences and a house, and there is an alternative longer route through vacant lands that would cause no damage. The court affirmed that easements must be established at the point least prejudicial to the servient estate even if

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    CALLIMOSSO Vs ROULLO

    Uploaded by

    Laurena Reblando
    137 views2 pages
    The respondent's property is landlocked and surrounded by other properties including the petitioners' property. The respondent filed a complaint for an easement of right-of-way through the petitioners' property as it is the shortest route to the public road. The petitioners objected as it would damage the structures on their land. The court disagreed with establishing the easement through the petitioners' property, as although it is the shortest route, it is not the least prejudicial to the petitioners given it would destroy fences and a house, and there is an alternative longer route through vacant lands that would cause no damage. The court affirmed that easements must be established at the point least prejudicial to the servient estate even if

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    CALLIMOSSO vs ROULLO

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    The respondent's property is landlocked and surrounded by other properties including the petitioners' property. The respondent filed a complaint for an easement of right-of-way through the petitioners' property as it is the shortest route to the public road. The petitioners objected as it would damage the structures on their land. The court disagreed with establishing the easement through the petitioners' property, as although it is the shortest route, it is not the least prejudicial to the petitioners given it would destroy fences and a house, and there is an alternative longer route through vacant lands that would cause no damage. The court affirmed that easements must be established at the point least prejudicial to the servient estate even if

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    137 views2 pages

    CALLIMOSSO Vs ROULLO

    Uploaded by

    Laurena Reblando
    The respondent's property is landlocked and surrounded by other properties including the petitioners' property. The respondent filed a complaint for an easement of right-of-way through the petitioners' property as it is the shortest route to the public road. The petitioners objected as it would damage the structures on their land. The court disagreed with establishing the easement through the petitioners' property, as although it is the shortest route, it is not the least prejudicial to the petitioners given it would destroy fences and a house, and there is an alternative longer route through vacant lands that would cause no damage. The court affirmed that easements must be established at the point least prejudicial to the servient estate even if

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CALIMOSO vs ROULLO 2.

    There is payment of proper indemnity;


    3. The isolation is not due to the acts of the proprietor of the
    FACTS: dominant estate; and
     In his Complaint4 for Easement of Right of Way, the 4. The right-of-way claimed is at the point least prejudicial to
    respondent mainly alleged: that he is the owner of Lot the servient estate; and insofar as consistent with this rule,
    situated in Brgy. Sambag, Jaro, Iloilo City; that his lot is where the distance from the dominant estate to a public
    isolated by several surrounding estates, including Lot highway may be the shortest.
    owned by petitioners Helen, Marilyn, and Liby, all surnamed   Here, the respondent’s lot is the dominant estate and the
    Calimoso; that he needs a right-of-way in order to have petitioners’ lot is the servient estate.
    access to a public road; and that the shortest and most  The only question before this Court is whether the right-of-
    convenient access to the nearest public road, Fajardo way passing through the petitioners’ lot satisfies the fourth
    Subdivision Road, passes through the petitioners’ lot. requirement of being established at the point least
     The petitioners objected to the establishment of the prejudicial to the servient estate.
    easement because it would cause substantial damage to  Article 650 of the Civil Code provides that the easement of
    the two (2) houses already standing on their property. They right-of-way shall be established at the point least
    alleged that the respondent has other right-of-way prejudicial to the servient estate, and, insofar as consistent
    alternatives. with this rule, where the distance from the dominant estate
     The RTC granted the respondent’s complaint and ordered to a public highway may be the shortest. Under this
    the petitioners to provide the respondent an easement of guideline, whenever there are several tenements
    right-of-way. Accordingly, the RTC ordered the respondent surrounding the dominant estate, the right-of-way must be
    to pay the petitioners proper indemnity in the amount of established on the tenement where the distance to the
    "Php1,500.00 per square meter of the portion of the lot public road or highway is shortest and where the least
    subject of the easement." The petitioners appealed the damage would be caused. If these two do not concur in a
    RTC’s decision to the CA. single tenement, we have held in the past that the least
     The CA, affirmed the RTC’s decision and held that all the prejudice criterion must prevail over the shortest
    requisites for the establishment of easement of right-of-way distance criterion.
    were present in the respondent’s case.  In this case, the establishment of a right-of-way through the
    petitioners’ lot would cause the destruction of the wire fence
    HELD: and a house on the petitioners’ property. 10 Although this
     The court disagree with the CA finding . right-of-way has the shortest distance to a public road, it is
    not the least prejudicial considering the destruction pointed
    To be entitled to an easement of right-of-way, the following out, and that an option to traverse two vacant lots without
    requisites should be met: causing any damage, albeit longer, is available.
    "1. The dominant estate is surrounded by other immovables  We have held that "mere convenience for the dominant
    and has no adequate outlet to a public highway; estate is not what is required by law as the basis of setting
    up a compulsory easement;"11 that "a longer way may be
    adopted to avoid injury to the servient estate.

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