EASEMENT OF RIGHT OF WAY

BASIC PHILIPPINE LEGAL FORMS

     This is a sample agreement of an easement right of way. This legal form is usually used when a real estate is surrounded by other real estates and the former has no access to a road. Keep in mind however that there are requisites provided by the Philippine Civil Code before  a real estate owner may demand an easement of right of way. 

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EASEMENT OF RIGHT OF WAY      

          KNOW ALL MEN BY THESE PRESENTS:

          This Agreement of Easement of Right of Way, entered into by and between (insert name of owner of the dominant estate), owner of the dominant estate, of legal age, single/married and resident of ______________, and (insert name of owner of the servient estate), of legal age, single/married, and a resident of _____________ ;

WITNESSETH:

          1. That (name of owner of dominant estate) is the owner of a parcel of land in __________ and more particularly described as follows:

(insert description of land here)

              which property is covered by Transfer Certficiate of Title Number (TCT) ___________ of the Register of Deeds of ___________ ;

         2. That (name of owner of the servient estate), is the owner of a parcel of land located at __________ , which lot is adjacent to the aforesaid property of (name of owner of dominant estate), and particularly described as follows:

(insert description of land here)

            which property is covered by Transfer Certificate of Title (TCT) Number  __________ of the Register of Deeds of ________________;

         3. That in order for (name of owner of servient estate) to have an access to and from his above-mentioned land, it would be necessary for him to pass through the property of (name of owner of dominant estate).  For this purpose, (name of owner of dominant estate)  agrees to establish a path as passageway in favor of (name of owner of servient estate), his heirs, successors-in-interest and assigns, the total area and boundaries of which is that particularly described in the attached plan, Annex "A" hereof;

         4.  That in consideration of such path or passageway, (name of owner of servient estate), hereby agrees and binds himself/herself to pay (name of owner of dominant estate) as compensation in the sum of ______________ , Philippine Currency, upon signing and execution of this agreement;

         5. That the period of this easement shall be for ___________ years, starting from the date of signing and execution of this agreement unless earlier terminated by mutual agreement of the parties hereto.

         IN WITNESS WHEREOF, we have hereunto set our hands this _____________ in the City of _________, Philippines.

__________________                    ___________________

owner of dominant estate                owner of servient estate

SIGNED IN THE PRESENCE OF :

_______________AND __________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF __________________ )SS.

X - - - - - - - - - - - - - - - - - - - - - - X

         BEFORE ME, a Notary Public for and in the City of ________, Philippines this _______________ personally appeared _____________ with his Community Tax Certificate No._____________ issued at ___________ on ___________ and ___________ with his Community Tax Certificate No. ________ issued at ______  on ___________ known to me and to me known to be the same person who executed the foregoing instrument and they acknowledged to me that the same is their own free and voluntary act and deed.

          This instrument refers to an Easement of Right of Way consisting of _____ pages including this page in which this acknowledgment is written duly signed by the parties together with their instrumental witnesses on each and every page hereof.

Doc. No. ________;

Page No.________ ;

Book No. _______ ;

Series of 2006 .

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