The Short Answer
If you only passed by permission (pakikisuyo), the owner can usually close the path. But if your lot is boxed in by other lots with no proper way out to a public road, the Civil Code lets you demand a right of way through a neighbour's land, on the route that does the least harm, and after you pay them for it. If a right of way was already agreed in writing, granted by a court, or noted on the title, the neighbour cannot block it.
Example: An Interior Lot in Barangay Dela Paz, Antipolo
Names and details in this example are made up.
Romy Villanueva and his family live on an interior lot in Barangay Dela Paz, Antipolo City, Rizal. Behind them is a creek; on the two sides are other houses. For 20 years they have walked to the road along a one-metre path on the edge of Aling Celia Ramos's tabing-lote. In April 2026, Aling Celia's son, home from Dubai, builds a hollow-block fence and closes the path. Romy's family now climbs over a neighbour's wall to get out.
Did the 20 years of walking give Romy a right? Not by itself. A path you only pass through from time to time is not acquired just by using it for many years. It needs a written grant or a court ruling. But Romy's lot truly has no way out, and that gives him a right to demand one.
What Romy does. Both families live in Antipolo, so he files a complaint at the Dela Paz barangay hall first. At the settlement meeting (mediation), they agree:
- Aling Celia gives a path 1.5 metres wide and 20 metres long, along the edge of her lot that is farthest from her house, because that route harms her property the least;
- Romy pays her for the 30 square metres the path takes. They agree on ₱6,000 a square metre, or ₱180,000, payable in three instalments;
- Romy keeps the path clean and pays for its upkeep;
- they will sign a notarized deed granting the right of way, and have it noted on both titles at the Registry of Deeds.
If they had not agreed. The barangay would issue a Certificate to File Action (its go-signal to go to court), and Romy could ask a court to set the right of way and the payment. The court would look at whether his lot really has no adequate outlet, whether he caused the problem himself, and which route harms the neighbour least.
When You Can Demand a Right of Way
A right of way is an easement: a right to use part of someone else's land for a set purpose, here passing through. Articles 649 to 657 of the Civil Code let the owner of land demand one when all of these are true:
- Your land is surrounded by other lots and has no adequate outlet to a public road. A way out that is merely longer, less convenient or uphill is usually not enough. A way out that is dangerous or impassable may not be adequate.
- You pay proper indemnity (payment for the loss). If the path is permanent and for all your needs, this is the value of the land the path takes plus any damage caused. If it is only to bring in and take out crops, without a permanent path, it is the damage caused.
- You did not cause the isolation yourself, for example by building over your own way out or selling the part of your lot that touched the road.
- The path goes where it does the least harm to the neighbour's land. Where that rule allows, it should also be where the way to the road is shortest (Art. 650).
The width is what your land actually needs (Art. 651), and it can change later if your needs change. Once a permanent path is set, you pay for keeping it up (Art. 654).
When the Neighbour Can Close a Path
Every owner may fence their land (Civil Code, Art. 430), but not in a way that blocks an easement that already exists. So it depends on what you have:
| Your Situation | Can the Neighbour Block It? |
|---|---|
| A right of way in a signed agreement, a court decision or a note on the title | No. Blocking it violates your right. Ask the barangay to step in. |
| You only passed by permission, and you have another adequate way to the road | Usually yes. Permission can be taken back. |
| You passed by permission, and you have no other adequate way out | They can close that path, but you can demand a right of way, on the least harmful route, after paying for it. |
| Your lot was carved out of the seller's bigger lot and was left with no way out | The seller (or co-heir, in a partition) must give you a right of way, and the law says without payment (Art. 652). A partition is when heirs or co-owners divide land among themselves. |
| The path is a public road, alley or barangay road | No private person may close it. Report it to the barangay and the city or municipal engineering office. |
Barangay First
A right of way fight is a dispute over land between neighbours. If you both live in the same city or municipality, it usually must go through barangay conciliation before any court case, at the barangay where the land is. See going to the barangay first. A signed settlement there has the force of a final court judgment after ten days, unless someone rejects it in time for fraud, force or threats.
Do not break down the fence yourself. That can lead to a case against you. Use the barangay, and if needed, the courts.
Put the Agreement in Writing
A spoken promise to "let you pass" can be taken back, and it does not bind whoever buys the neighbour's lot later. Make it last:
- Write a deed granting the right of way: who grants it, which lot benefits, the exact route, width and length (with a sketch by a geodetic engineer), the payment, and who maintains it.
- Have it signed by the owner and the owner's spouse, and notarized. See getting a document notarized.
- Register it at the Registry of Deeds so it is noted on the titles. That way it binds future owners.
Buying an interior lot? Check how you will reach the road before you pay. See checking land before you buy it.
Common Questions
Dalawampung Taon na Kaming Dumadaan Dito. Hindi pa ba Namin Karapatan Iyon?
Not just from the years of use. Under the Civil Code, a right of way is the kind of easement that is not gained by long use alone; it needs a written grant or a court ruling. But if your lot has no other adequate way to the road, you can still demand a right of way and pay for it.
Can I Ask for a Path Wide Enough for a Car or Tricycle?
The width is what your land reasonably needs (Art. 651), and courts have allowed wider paths where the owner's real needs called for vehicle access. A wider path also means paying for more land. Agree on it at the barangay, or let a court decide.
Can the Neighbour Choose Where the Path Goes?
The law says the path goes where it causes the least harm to the neighbour's land, and, where that allows, where the way to the road is shortest. Least harm comes first. So a route along the edge of the lot is usually preferred over one beside the house, even if it is a little longer.
How Much Do I Have to Pay for a Right of Way?
For a permanent path, the value of the land it takes plus any damage the path causes to the neighbour's property. There is no fixed government rate. Neighbours often agree on a price per square metre, and the BIR zonal value or the assessor's value can be a starting point for talks. If you cannot agree, a court sets it.
Once I Have a Right of Way, Can It End?
Yes. If you later get another way to the road, for example by buying a lot that touches it, the neighbour may ask for the right of way to end, returning what you paid, without interest (Art. 655).
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. This page explains the general rules; it cannot tell you how they apply to your own family or case. Last reviewed October 8, 2026.