14/04/2026
WHAT ARE THE EASEMENTS UNDER THE WATER CODE OF THE PHILIPPINES, ALONG PUBLIC ROADS, NEAR NGCP TOWER, AND OTHER LAWS?
Understanding easements is critical for your work in land use reclassification and site development, especially given your focus on regulatory compliance and "Sponge City" concepts.
โHere is the breakdown of the mandatory easements under Philippine law:
โ1. Water Code of the Philippines (PD 1067)
โUnder Article 51, banks of rivers, streams, shores of seas, and lakes are subject to a public easement for recreation, navigation, floatage, fishing, and salvage. The width depends on the land's classification:
Land Classification Mandatory Easement (Width)
Urban Areas
3 meters
Agricultural Areas
20 meters
Forest/Timberland
40 meters
Key Restrictions:
No person is allowed to build structures of any kind within these zones. In your "Sponge City" frameworks, these areas are often utilized for nature-based solutions and flood detention.
โ2. National Grid Corporation (NGCP) & Power Lines
โThe Anti-Obstruction of Power Lines Act (RA 11361) governs the "Power Line Corridor."
These easements are determined by the voltage of the line to ensure safety and maintenance access.
โVertical & Horizontal Clearances:
The NGCP usually requires a standard right-of-way (ROW) width ranging from 15 to 75 meters depending on the kilovolt (kV) rating of the transmission line.
โProhibited Acts:
Planting "tall-growing" plants, constructing "hazardous improvements" (houses, buildings), or conducting "hazardous activities" (burning, quarrying) within the corridor is strictly prohibited.
โCompensation:
If the corridor traverses private land, the owner is entitled to an easement fee (often 10% of the market value) or just compensation if the property is rendered useless.
โ3. Public Roads & Highways
โEasements for roads are governed by the National Building Code (PD 1096) and RA 10752 (The Right-of-Way Act).
โRoad Right-of-Way (RROW):
This is the total width of land acquired or reserved for the road, including the pavement, shoulders, sidewalks, and drainage.
โSetbacks:
The Building Code mandates setbacks from the property line (which begins after the RROW).
For RROW widths of 10-19 meters, the front setback is typically 5 meters for R-1 residential zones.
โProhibitions:
You cannot build any permanent structure (walls, gates, or extensions) that encroaches into the RROW.
Any structure built here is subject to summary demolition by the DPWH or LGU without compensation.
โ4. Other Significant Easements
โNational Building Code (PD 1096):
Beyond roads, it specifies "Abutments" and "View Corridors" that must remain clear to ensure air, light, and ventilation.
โCivil Code (Arts. 634-693):
Covers private easements such as:
โEasement of Right of Way:
For landlocked properties.
โEasement of Drainage:
Lower estates are obliged to receive waters which naturally descend from higher estates.
โEasement of Light and View:
Restricts building near a neighbor's window to prevent blocking their light.
โDENR/Environmental Laws:
Specific setbacks from "fault lines" (typically 5 meters on both sides) as prescribed by PHIVOLCS and the EAR (Environmental Assessment Report).
An info from: ECOGREENLAND BUSINESS CONSULTANCY SERVICES
Strategic Architect of Land Value
0932 9347 888
