Civil/Property
SOURCE EXPLAINERA right of way depends on more than convenience
Civil Code Articles 649–651 address inadequate access, indemnity, route and width for a compulsory easement.
The cited primary text was read for the provisions discussed here. This is a focused source check, not an exhaustive review of subsequent amendments, decisions or implementation directions.
What happened
The Civil Code provides rules for demanding a compulsory easement of right of way through neighboring estates. This is distinct from a voluntary agreement or a public road project.
What the law/case says
Article 649 addresses an immovable surrounded by others without an adequate outlet to a public highway, proper indemnity and isolation caused by the proprietor’s own acts. Article 650 prioritizes the point least prejudicial to the servient estate and, consistently with that rule, the shortest distance. Article 651 relates width to the needs of the dominant estate.
Why it matters
The route a landowner prefers is not automatically the route the law requires. Existing access, the origin of the isolation and the burden on neighboring property need examination.
Practical takeaway
Gather titles, surveys, access agreements and evidence of actual routes. Establish boundaries and ownership before negotiating or seeking relief. Do not remove a fence or enter neighboring land on the assumption that a compulsory easement already exists.
Official source/citation
Read Articles 649–651 and the applicable decisions. These provisions are a starting point; special rules may apply where land was divided or transferred in particular circumstances.