EASEMENT OF

LIGHT AND VIEW

A r ti c l e s 6 6 7 - 6 7 3 , N C C
 EASEMENT OF LIGHT
(jus luminum)
It is the right to admit light from the
neighboring estate by virtue of the opening
window or the making of certain openings.

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 EASEMENT OF VIEW
(jus prospectus)

• It is the right to make openings or windows, to enjoy the

view through the estate of another and the power to
which would obstruct such view or make same difficult.

• It necessarily includes easement of light; however, it is

possible to have light only without view.

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MAKING OF OPENING THROUGH
A PARTY WALL (ART. 667)

• A window or opening in the dividing wall of

buildings is an exterior sign which rebuts the
presumption that the wall is a party wall.

• One part-owner may not, therefore, make

any window or opening of any kind through
a party wall without the consent of others.

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AS A POSITIVE EASEMENT
TITLE AS A NEGATIVE EASEMENT
(Art. 668 par. 1) (Art. 668 par. 2)

• It is made through a party wall or even if • If the window is made through a wall
made on one’s own wall, if the window on the dominant estate.
is on a balcony or projection extending
• The ten-year prescriptive period
over the property.
commences from the time of the
• When a window is opened through a
formal prohibition upon the
party wall, an apparent and continuous
adjoining owner.
easement is created from the time of
such opening but there is no true • The "formal prohibition" must be an
easement as long as the right to prevent instrument acknowledged before a
its use exists.
notary public (Art. 621).
• The adjoining owner can order the
window closed within ten years from
the time of the opening of the
window.

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 Cortes v. Yu-Tibo, 2 Phil. 24
• The plaintiff contended that the constant and uninterrupted use of the windows during a period of fifty-nine
years had acquired prescription for an easement of light in favor of the house No. 65, and as a servitude
upon house No. 63, and, consequently, has acquired the right to restrain the making of any improvements in
the latter house which might in any manner be prejudicial to the enjoyment of the said easement.

• The easement-of light in the case of windows opened in one’s own wall is negative and cannot be acquired
by prescription except where sufficient time of possession has elapsed after the owner of the dominant
estate, by a formal act, has prohibited the owner of the servient estate from doing something which would
be lawful but for the easement.

• When the opening or window is made on another’s wall (wall of servient estate) or on a party wall, the
easement acquired is positive because the owner of the wall allows the servitude to burden his wall. If the
window is through one’s own wall (wall of the dominant estate) which does not extend over another’s
property (servient estate), the easement is negative.

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 Fabie v. Lichauco, 11 Phil. 14
• It is a settled rule that real estate shall be presumed to be free from encumbrance unless and until the
contrary is shown. When the construction of windows and balconies does not constitute an actual
invasion of the rights of another, but is a lawful exercise of an inherent right, the easement of light and
view is negative.

• One who opposes the registration of title to land upon which he claims all easement in the name of
another must show that the "apparent sign of the easement," upon which he relies, was in existence
at the time the servitude was established.

• When an easement of light and view is negative, the period for prescription begins to run from the
date on which the owner of the dominant estate, by a formal act, prohibited the owner of the servient
estate to do something which he might properly do if the easement did not exist. (Art. 668 NCC)

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 RULES ON REGULAR WINDOWS
(ART. 670)

• For windows having DIRECT VIEWS

(face to face), observe at least 2
meters distance between the wall
having the windows and the boundary
line.

• Mere non-observance of distance

prescribed without formal prohibition
does not give rise to prescription.

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 Amor v. Florentino, 74 Phil. 404

The existence of the apparent sign is equivalent to a title if

no objection has been made by the servient owner for an
implied contract that the easement should be constituted
is deemed to exist between the new owners.

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 EXCEPTIONS

The two-meter distance does not apply

to buildings separated by a public way or
alley, which is not less than 3 meters
wide (Art. 672).

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 MORE EXCEPTIONS

The servient estate cannot build thereon if

the direct view is less than a distance of 3
meters from the wall (Art. 673).

NOTE: The dominant estate has acquired

the right to the direct views, balconies, or
belvederes overlooking an adjoining
property.

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 Gargantos v. Yanon, 108 Phil. 888
• (T)he case covered by Article 541, O.C.C (now Article 624, N.C.C) which provides that the existence of an apparent sign of
easement between two estates, established by the proprietor of both, shall be considered, if one of them is alienated, as a
title so that the easement will continue actively and passively, unless at the time the ownership of the two estate is
divided, the contrary is stated in the deed of alienation of either of them, or the sign is made to disappear before the
instrument is executed.

• The existence of the doors and windows on the northeastern side of the aforementioned house, is equivalent to a title, for
the visible and permanent sign of an easement is the title that characterizes its existence. It should be noted, however, that
while the law declares that the easement is to "continue“ the easement actually arises for the first time only upon
alienation of either estate, inasmuch as before that time there is no easement to speak of, there being but one owner of
both estates (Articles 530, O.C.C., now Articles 613, N.C.C).

• Tan Yanon's property has an easement of light and view against petitioner's property. By reason of his easement petitioner
cannot construct on his land any building unless he erects it at a distance of not less than three meters from the boundary
line separating the two estates.

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RESTRICTED WINDOWS (ART. 669)

• The purpose of restricted window is for

admitting light and air, BUT NOT for view.

• There may be several openings provided,

the restrictions are complied with for
every opening.

• There can also be several openings in

EVERY floor or story, for each floor or
story has a ceiling (Choco v. Santamaria,
G.R. No. 6076, December 29, 1911)

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 • Close all the openings if the
IN CASE OF wall becomes a party wall.
RESTRIC TED • Block the light by building or
WINDOWS, THE erecting his own wall unless a
servitude is acquired by title
ABUT TING OWNER or prescription.
MAY: • Ask for reduction of the
opening to the proper size.

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 Saez v. Figueras Hermanos, 13 Phil. 666

And once it is established by the evidence that a house has been

built, with two meters of the dividing line (see Art. 670.), no other
windows than those provided in Article 669 may be opened in its
wall.

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WINDOWS WITH SIDE OR OBLIQUE
VIEWS (ARTS. 670, 671)
• One must turn his head to the right or
to the left to view the adjoining land.

• Observe a distance of at least 60 cm.

between the boundary line and the
nearest edge of the window.

• Non-observance of this distance does

not give rise to prescription.

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 a) Maximum size of 30x30 cm.
W H E N F O R EG O I N G
D I STA N C ES W E R E N OT b) There must be an iron
O B S E RV E D, grating imbedded in the
wall.
Only RESTRICTED c) There must be a wire screen.
WINDOWS may be made
by the owner of the
d) The opening must be at the
wall subject to the height of the ceiling joists
following (beams) or immediately
requirements: under the ceiling (Art. 669).

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