Good day.


I hope to seek help through this forum. A friend actually lives near a used-to-be creek site which apparently was turned by DPWH into a roadway. The question is, since the creek no longer exists and even the government seemingly declared it otherwise as well, can my friend claim the easement which was set and established due to the creek? What are the documents needed and which offices should we keep in touch with, so we can change the land use from an easement to something alienable and eventually have it included to her Title.

am not so sure if am right but i believe that a land belonging to the state cannot be subject to easement and since the same has already been converted to a road, which is of public use, it is out of commerce of men. the same can only become alienable if the said property will cease to become public use when the government declares the same to be part of its patrimonial properties. you can read the provisions of the Civil Code on Property.

xcerena wrote:


I agree with xcerena, by general provision, only agricultural lands are alienable. And I think (I may be wrong) you cannot establish any easement with the creek so there is nothing really to reclaim.

star wrote:


I believe this case partakes the nature of the rights of accessions in relations to immovable property and not on easements because easements are created either by law or by will, legal or predial; or personal.

Although the rule is if the old bed adjoins to the owner of the land, the owner may acquire the same after paying the value thereof if it is declared to be a patrimonial property which can be acquired by private ownership. Beds are of public dominion and if it dries by natural causes it belongs to public dominion which cannot be acquired by private ownership. Hence your friend can no longer own the property even if he offers to pay for the said portion because it is already intended for public use.

yay! guess am right...hehehe