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Cortes vs. Yu-Tibo: G.R. No. 911 March 12, 1903
Cortes vs. Yu-Tibo: G.R. No. 911 March 12, 1903
Yu-Tibo
G.R. No. 911 March 12, 1903
House No. 65 House No. 63
(Cortes) (Yu-Tibo)
Contentions
NO
Ruling
Art. 668. The period of prescription for the acquisition of an
easement of light and view shall be counted:
(1) From the time of the opening of the window, if it is
through a party wall; or
(2) From the time of the formal prohibition upon the
proprietor of the adjoining land or tenement, if the window
is through a wall on the dominant estate.
VS
(1) From the time of the opening of the
window, if it is through a party wall
POSITIVE EASEMENT
The reason for the difference of the doctrine in the one and the other case
is that no part owner can, without the consent of the other, make in a party
wall a window or opening of any kind, as provided by article 580 of the Civil
Code.
The very fact of making such openings in such a wall might, therefore, be
the basis for the acquisition of a prescriptive title without the necessity of
any active opposition, because it always presupposes the express or
implied consent of the other part owner of the wall, which consent, in turn,
implies the voluntary waiver of the right of such part owner to oppose the
making of such openings or windows in such a wall.
(2) From the time of the formal prohibition upon
the proprietor of the adjoining land or tenement,
if the window is through a wall on the dominant
estate.
• NEGATIVE EASEMENT
• The prescription of the easement of lights does not take place unless
there has been some act of opposition on the part of the person
attempting to acquire such a right against the person attempting to
obstruct its enjoyment.
Paragraph 1 Paragraph 2
Prescription starts to run from the Prescription starts to run from the
moment the opening of the time of formal prohibition upon the
window is established proprietor of the adjoining land or
tenement.
In the case at bar, since the window is situated on the property of Cortes
and not on the party wall, paragraph 2 of Article 668 applies.
Therefore, Cortes did not acquire an easement of light and view by virtue
of prescription since he was not able to execute any formal opposition to
the right of Yu-Tibo to make any improvements