Is Right of Way in the Philippines Free?

If you have recently bought a new property and other private properties surrounding it, you might have a problem with your right of way. This is a simple problem that has a quick solution if you understand how it works. So, what steps do you need to take when creating a road right of way and how much does it cost? In this article, we are going to talk about everything you need to know about right of way in the Philippines.

Cost of having the right of way

Knowing how much the processing of right of way is important if you need one on your property. However, there’s also a chance that you can get one for free given the right conditions according to the law. So, when can you ask for a right of way for the new lot you’ve just bought? Before anything else, the right of way is not really free. You can buy this or pay for indemnity so you can use a certain portion of the property owner’s lot as your passageway. It works like a rental for using that portion as access to a public road.

Now, one way to access right of way without paying for indemnity is when one of the properties surrounding your lot is owned by the person who sold the property to you. In the first place, the owner should have allotted a portion as your right of way before selling the property. You can request from the owner to pass his property without paying anything. It’s possible to ask for a copy of tax mapping for the properties surrounding your lot from the Assessor’s office.

Where Is the Right of Way Located

To determine where the right of way should be located, let’s imagine there are four private properties surrounding your lot. The question is, who should provide this for you? According to the law, the most qualified property owner to give you road access is the one nearest to the public road and at the same time has the smallest damage to their property. Now, how can you request for a right of way? Here are key points to keep in mind:

The lot must be surrounded by private properties and there’s no other way going to the public road.

It’s not your fault you don’t have a passageway going to the public road.

If you’re in the same situation, you have the right to ask for a right of way on the property of your neighbour whether they like it or not. But of course, it’s always advisable to politely ask and make sure to process everything according to applicable laws. You may send us your questions regarding this or if you want to sell or buy a property anywhere in the Philippines. Our professional agents are available to help you throughout the process and guide you every step of the way.