Can a Neighbor Block an Existing Right of Way?
If the easement legally exists, no. The owner of the servient land keeps ownership of the strip, but he may use it only in a way that does not affect the exercise of the easement, and the remedy against a gate, a wall or a pile of blocks across the passage is an action to enforce the easement, usually with an injunction. Everything therefore depends on a prior question: does the right of way legally exist? If it was never constituted by title, judgment or the situations the Civil Code treats as equivalent to title, the neighbor is simply fencing his own land and may lawfully do so.
Last materially reviewed: 11 September 2026.
Decision snapshot
| What you can show | Your position | The remedy |
|---|---|---|
| A deed of easement, annotated on the servient title | Strong. The easement is registered and binds later owners | Demand, then action to enforce the easement with an injunction |
| A court judgment establishing a right of way | Strong | Enforcement of the judgment, or contempt where it is defied |
| A road lot on the approved subdivision plan | Usually strong | Enforcement, with the subdivision documents as proof |
| An apparent passage created by a former common owner of both lots | Arguable under Article 624 | Action to enforce, supported by the history of the two lots |
| Only long use of the path, with nothing in writing | Weak. A right of way cannot be acquired by prescription | Ask for a new compulsory easement instead |
| Permission that was given and later withdrawn | No easement existed | Ask for a new compulsory easement; damages are unlikely |
Key takeaways
- The servient owner owns the strip but cannot obstruct it. Ownership and the easement coexist.
- The Supreme Court has confirmed that an injunction is available to restrain the servient owner from obstructing or impairing the lawful use of a servitude.
- Long use proves nothing by itself. Under Article 622 a right of way, being discontinuous, can be acquired only by title.
- Where no easement existed when the fence went up, the loss you suffer is damnum absque injuria – damage without legal injury – and no damages are due.
- An easement can be lost, including by merger of the two estates in one owner and by non-user for ten years, so do not leave a disused right of way unattended indefinitely.
The governing rule
Article 630 of the Civil Code, quoted by the Supreme Court in Mercader v. Bardilas, states the balance: “[t]he owner of the servient estate retains ownership of the portion on which the easement is established, and may use the same in such manner as not to affect the exercise of the easement.” Article 629 obliges the servient owner not to impair the use of the servitude, while allowing him, at his own expense, to propose a change of location where the original place has become very inconvenient to him, provided he offers another place equally convenient and the dominant estate suffers no injury.
On the other side, the dominant owner may make the works necessary for the use and preservation of the servitude at his own expense, without altering it or rendering it more burdensome, under Articles 627 and 628. A right of way granted as a footpath does not quietly become a truck route.
Injunction is the characteristic remedy
In La Vista Association, Inc. v. Court of Appeals (G.R. No. 95252, 5 September 1997), an association placed “cylindrical concrete posts chained together at the middle of and along the entire length” of a road, preventing residents beyond it from passing through. The Court found that the parties and their predecessors had intended to establish an easement of right of way over that road, and confirmed the remedy: “An injunction may also be obtained in order to restrain the owner of the servient tenement from obstructing or impairing in any manner the lawful use of the servitude.”
In Mercader v. Bardilas (G.R. No. 163157, 27 June 2016), a perimeter fence was erected that closed the exit of an existing three-metre road right of way. The Court declared the owners of the right of way entitled to use and occupy it.
Because an injunction is a provisional remedy, its availability also affects procedure: Section 412(b) of the Local Government Code allows parties to go directly to court where the action is coupled with a provisional remedy such as a preliminary injunction, instead of completing barangay conciliation first. Where access is completely cut and the harm is continuing, that exit matters.
But first: prove the easement exists
This is where most blocked-passage disputes are actually decided, and where many claimants discover they have less than they thought.
- By title. A deed of easement, a provision in a deed of sale or partition, or a donation – ideally annotated on the servient title so that later buyers are bound.
- By judgment. A decision granting a compulsory right of way under Articles 649 and 650.
- By subdivision plan. Road lots and access easements shown on the approved plan of a subdivision.
- By an apparent sign left by a former common owner. Article 624 treats a visible passage established by the owner of two estates, and left in place when one of them is alienated, as equivalent to a title, unless the contrary is stated in the deed.
- Not by prescription. In Bogo-Medellin Milling Co. v. Court of Appeals the Court held that a right of way “is considered discontinuous because it is exercised only if a person passes or sets foot on somebody else’s land,” and that “[u]nder Article 622 of the Civil Code, discontinuous easements, whether apparent or not, may be acquired only by title.”
If none of these applies, what you had was permission. Custodio v. Court of Appeals (G.R. No. 116100, 9 February 1996) is the cautionary case: owners fenced their own property and cut off a passage others had used. The Court held that “there is no cause of action for acts done by one person upon his own property in a lawful and proper manner, although such acts incidentally cause damage or an unavoidable loss to another, as such damage or loss is damnum absque injuria,” noting that “[i]t is within the right of petitioners, as owners, to enclose and fence their property” because at the time of the fencing the lot was not subject to any servitude. The right of way was granted with indemnity; the damages award was removed.
If that describes your situation, the case to bring is not obstruction but the establishment of a compulsory right of way – see Right of way: what if your land has no road access?
Evidence to assemble
| Evidence | What it proves |
|---|---|
| Certified true copies of both titles | Whether the easement is annotated, and on which property |
| Deed of easement, deed of sale or partition containing the grant | The title on which the easement rests |
| Approved subdivision or survey plan | Road lots and the location and width of the passage |
| Court decision and entry of judgment, if any | An existing compulsory easement and its terms |
| Dated photographs and video of the obstruction | What was built, when, and how completely access was cut |
| Barangay blotter and minutes | The date of the obstruction and what the neighbor said about it |
| Proof of loss – missed deliveries, contractors turned away, medical access | Urgency, which supports a prayer for injunctive relief |
Step by step: what to do next
- Photograph the obstruction immediately, with dates, and record it in the barangay blotter the same day.
- Get the certified true copies of both titles and look for the annotation.
- Locate the source of the easement – the deed, the judgment, the subdivision plan, or the history of a former common owner.
- Send a written demand to remove the obstruction, attaching the proof of the easement and giving a short deadline. Serve it in a provable way.
- Use the barangay unless you are seeking a provisional remedy, in which case you may go directly to court.
- File the action to enforce the easement, with a prayer for a temporary restraining order or preliminary injunction where access is completely cut.
- Do not force the gate, cut the chain or demolish the wall yourself. Self-help here converts a strong case into a criminal complaint against you.
Frequently asked questions
He installed a gate but gave us a key. Is that obstruction?
Not necessarily. A gate that you can open at any time may be consistent with the servient owner’s right to use his land, so long as the use of the easement is not impaired. A gate locked at night, one whose key is withheld, or one too narrow for the permitted use is a different matter. Document how the gate actually operates over several days rather than arguing about it in the abstract.
The easement is in an old deed but was never annotated on the title. Can I still enforce it?
Against the party who granted it, the deed binds him as a contract. The difficulty is with a later buyer of the servient estate, because registration is what binds third persons. Annotate the easement now if you can, and take advice quickly if the servient estate has already changed hands.
Can the neighbor move the right of way somewhere else?
Article 629 allows the servient owner, at his own expense, to change the location where the original place has become very inconvenient to him or prevents him from making important works there, provided he offers another place equally convenient and the dominant estate suffers no prejudice. He cannot simply close the old route and leave you to find your own way.
Can I claim damages for the days I could not get through?
Only if a legal right of yours was violated – which returns to whether the easement existed. Where it did, damages may be claimed and proved in the ordinary way. Where it did not, Custodio holds that the loss is damage without legal injury.
We stopped using the passage for years. Have we lost it?
Possibly. Article 631 lists how easements are extinguished, including merger of the dominant and servient estates in one owner and non-user for ten years. If the passage has been unused for a long period, get advice before assuming the right is still there.
Related guides
- Right of way: what if your land has no road access?
- Land boundary dispute: what to do when your neighbor encroaches
- How to verify a land title before buying property
- All guides on property and ownership
Sources
- Civil Code of the Philippines (Republic Act No. 386), Articles 620, 622, 624, 627, 628, 629, 630, 631, 649 and 650
- La Vista Association, Inc. v. Court of Appeals, G.R. No. 95252 (5 September 1997)
- Mercader v. Bardilas, G.R. No. 163157 (27 June 2016), quoting Article 630
- Bogo-Medellin Milling Co. v. Court of Appeals, G.R. No. 124699 (31 July 2003)
- Custodio v. Court of Appeals, G.R. No. 116100 (9 February 1996)
- Local Government Code of 1991, Book III, Section 412 on when parties may go directly to court
This guide is general legal information, not legal advice. Easement cases turn on the document that created the right of way, the annotations on the titles and the facts of the obstruction. CivilLaw.PH is an independent publication and is not a government agency, a court, a registry or a law firm. For advice on your own situation, consult a Philippine lawyer or the Public Attorney’s Office.
