Short answer. No. Under Article 622 of the Civil Code, discontinuous easements — including rights of way that are used only occasionally — cannot be acquired by prescription, no matter how long the use has gone on. They can only be acquired through a written title: a deed, a grant, or a legal instrument formally establishing the right.
What the law says
Continuous nonapparent easements, and discontinuous ones, whether apparent or not, may be acquired only by virtue of a title.
Civil Code, Article 622 — Easements Acquirable Only by Title. Read the full provision →
Discontinuous easements require a title, not just use
Article 622 of the Civil Code draws a critical distinction between types of easements. A discontinuous easement is one whose exercise depends on human acts that are performed at intervals — walking over a neighbor's land to reach a road, passing through a gate periodically. Unlike continuous easements — where some permanent physical work remains visible at all times — discontinuous use cannot ripen into a legal right through prescription alone. You may have crossed that land for decades. Without a title, you have no easement.
What counts as a title
The statute requires acquisition by virtue of a title. In this context, a title means a formal legal instrument — a written grant from the landowner, a deed establishing the easement, a court order, or a provision in a property transfer document that explicitly creates the right. Informal arrangements, oral agreements, or long-standing toleration by a cooperative neighbor do not create an easement. If your neighbor sells or dies, a new owner is not bound by what the old owner allowed. Only a written, enforceable instrument secures the right.
The rule applies whether or not the easement is apparent
Article 622 specifies that discontinuous easements fall under the title requirement whether apparent or not. An apparent easement is one evidenced by some external sign — a worn path, a gate, a bridge. Even if your use is visible and obvious on the land, it still cannot be acquired by prescription if the easement is discontinuous. The visibility of use does not substitute for a legal title. This can surprise people who have maintained a visible pathway or gate for many years and assume long use has cemented their right.
What to do if you need to secure a right of way
If you have been using a passage over a neighbor's land and want to protect that right legally, the only reliable path is to obtain a written agreement — preferably a notarized deed of easement — from the current property owner. This should be recorded in the Registry of Deeds so it binds future buyers of the servient estate. If your neighbor is unwilling to grant the easement voluntarily, you may be able to demand a compulsory right of way under a different provision of the Civil Code, but that requires meeting specific legal requirements. A lawyer can advise you on which route applies to your situation.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Bicol Agro-Industrial Producers Cooperative, inc. (BAPCI) vs. Edmundo O. Obias, et al, G.R. No. 172077, October 9, 2009 — read the decision on LawPhil →
- Sps. Bernabe Mercade, Jr., et al. vs. Sps. Jesus Bardillas and Letecia Gabuya Bardillas, G.R. No. 163157, June 27, 2016 — read the decision on LawPhil →
- Camarines Sur Teachers and Employees Association, Inc., represented by its President, Dr. Antonio A, G.R. No. 199666, October 7, 2019 — read the decision on LawPhil →
- Bogo-Medellin Milling Co., Inc., vs. Court of Appeals, et al, G.R. No. 124699, July 31, 2003 — read the decision on LawPhil →