Text of the provision
Art. 655. If the right of way granted to a surrounded estate ceases to be necessary because its owner has joined it to another abutting on a public road, the owner of the servient estate may demand that the easement be extinguished, returning what he may have received by way of indemnity. The interest on the indemnity shall be deemed to be in payment of rent for the use of the easement. The same rule shall be applied in case a new road is opened giving access to the isolated estate. In both cases, the public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished.
(568a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
If the right of way ceases to be necessary — because the owner joined his estate to another abutting a public road, or a new road opens — the servient owner may demand extinguishment, returning what he received by way of indemnity.
Questions about this provision
Related provisions
- Article 654 — Repairs and Taxes.
- Article 656 — Temporary Passage for Building Works.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.