Metodología Scrum

Art. 667. No part-owner may, without the consent of the others, open through the party wall any window or aperture of any kind. (580)

WHAT IS AN EASEMENT OF LIGHT?!?!

 Easement of light (jus luminum) is the right to admit light from the neighboring estate by virtue of the opening of a window or the making of certain openings.

WHAT IS AN EASEMENT OF VIEW?!?!

 Easement of view (jus prospectus) is the right to make openings or windows, to enjoy the view through the estate of another and the power to prevent all constructions or works which would obstruct such view or make the same difficult.

 It necessarily includes the easement of light. Making of opening through a party wall

 A part-owner cannot exercise an act which implies full ownership of the wall by making use of all its thickness.

 Remember, a window 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 thru a party wall without the consent of the others.

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. (n)

Prescriptive period for acquisition of easement of light and view

 The easement of light and view is either positive or negative.

 When is it positive?

o It is considered positive if made through a party wall or even if made on one’s own wall, if the window is on a balcony or projection extending over the adjoining property.

o When a window is opened through a party wall, an apparent and continuous easement is created from the time of such

opening. But there is no true easement as long as the right to prevent its use exists.

o The adjoining owner can order the window closed within 10 years from the time of the opening of the window.

 When is it negative?

o It is considered negative if the window is made through a wall on the dominant estate.

o The 10-year period of prescription commences from the time of the formal prohibition (instrument acknowledged by a notary public) upon the adjoining owner.

o Before the expiration of the prescriptive period, the window exists by mere tolerance of the adjoining owner who always retains the right to have it closed or to build an obstruction, although the opening was made more than 10 years after he decided to exercise his right.

 The opening by Xyzal was made in 1990 but he made a formal notarial demand prohibiting Yeeyoo to obstruct the view only in 1994, Yeeyoo may still demand the closure of the window in 2001. Case doctrines

 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. (Fabie v Lichauco)

 When a window is opened in a party wall, the express or implied consent of the part owner affords a basis for the acquisition of a prescriptive title.

 When a window is opened in the wall of a neighbor, prescription commences to run from the date of the opening of the windows and ripens into title when the specified time has elapsed without opoosition on the part of the owner of the wall. (Cortes v Yu Tibo)

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Art. 669. When the distances in Article 670 are not observed, the owner of a wall which is not party wall, adjoining a tenement or piece of land belonging to another, can make in it openings to admit light at the height of the ceiling joints or immediately under the ceiling, and of the size of thirty centimeters square, and, in every case, with an iron grating imbedded in the wall and with a wire screen.

Nevertheless, the owner of the tenement or property adjoining the wall in which the openings are made can close them should he acquire part-ownership thereof, if there be no stipulation to the contrary.

He can also obstruct them by constructing a building on his land or by raising a wall thereon contiguous to that having such openings, unless an easement of light has been acquired. (581a)

Openings at height of ceiling joists to admit light

 When the wall is not a party wall, the owner may make an opening for the purpose of admitting light and air, but not for view. The restrictions are the following:

1. The size must not exceed 30 cm square;

2. The opening must be at the height of the ceiling joists or immediately under the ceiling;

3. There must be an iron grating imbedded in the wall; and 4. There must be a wire screen.

 When the wall becomes a party wall, a part-owner can order the closure of the opening because no part-owner may make an opening through a party wall without the consent of the others. It can also obstruct the opening unless an easement of light has been acquired by prescription, in which case the servient owner may not impair the easement. Case doctrine

 If a house consists of more than one story, each story may have the same openings which are provided by law for one house. The purpose of the law is to provide light to the rooms and it is evident that the rooms of the lower stories have a much need for light as those of the top story. (Choco v Santamaria))

 When the house has been built, with two meters of the dividing line (Art 670), no other windows than those provided in this article may be opened in its walls. (Saez v Figueras)

Art. 670. No windows, apertures, balconies, or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property.

Neither can side or oblique views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters.

The nonobservance of these distances does not give rise to prescription. (582a)

Art. 671. The distance referred to in the preceding article shall be measured in cases of direct views from the outer line of the wall when the openings do not project, from the outer line of the latter when they do, and in cases of oblique view from the dividing line between the two properties. (583)

Direct and oblique views

 Article 760 requires a distance of: o For direct view, 2 meters o For oblique view, 60 cm

 Article 761 provides the manner of measuring the distance. o For direct view – from the outer line of the wall when the

openings do not project; from the outer line of the openings when they do project

o For oblique view – from the dividing line

 An owner can build within the minimum distance or even up to the dividing line provided no window is opened except as provided in Article 669.

 When windows are opened, without observing the required legal distances, the adjoining owner has a right to have them closed.

 The non-observance of the distances does not give rise to prescription. o The mere opening of the windows in violation of Article 770

does not give rise to the servitude by prescription.

o It’s a negative easement because the window is through a wall of the dominant estate and so prescription may still be acquired after 10 years from the time of notarial prohibition.

Art. 672. The provisions of Article 670 are not applicable to buildings separated by a public way or alley, which is not less than three meters wide, subject to special regulations and local ordinances. (584a)

Where buildings separated by a public way or alley

 The distance in 670 is not compulsory where there is a public way or alley provided that it is not less than 3 meters wide.

 A private alley opened to the use of the general public falls within the provision of Article 672.

Art. 673. Whenever by any title a right has been acquired to have direct views, balconies or belvederes overlooking an adjoining property, the owner of the servient estate cannot build thereon at less than a distance of three meters to be measured in the manner provided in Article 671. Any stipulation permitting distances less than those prescribed in Article 670 is void. (585a)

Where easement of direct view has been acquired

 The word “title” as used in Article 673 refers to any of the modes of acquiring easements (contract, will, donation or prescription).

 Whenever the easement of direct view has been acquired by such title, there is created a true easement, the owner of the servient estate cannot build thereon at less than a distance of 3 meters from the boundary line.

 The distance may be increased or decreased by stipulation of the parties provided that in case of decrease, the minimum distance of 2 meters or 60 cm in 670 must be observed. If not, then it’s void.

SECTION SIX – DRAINAGE OF BUILDINGS

Art. 674. The owner of a building shall be obliged to construct its roof or covering in such manner that the rain water shall fall on his own land or on a street or public place, and not on the land of his neighbor, even though the adjacent land may belong to two or more persons, one of whom is the owner of the roof. Even if it should fall on his own land, the owner shall be obliged to collect the water in such a way as not to cause damage to the adjacent land or tenement. (586a)

What is an easement of drainage of buildings?

 Easement of drainage of buildings is the right to divert or empty the rain waters from the one’s own roof or shed to the neighbor’s estate either drop by drop or through conduits.

Rainwater not to fall on land of another

 This article does not really create a servitude, it merely regulates the use of one’s own property by imposing on him the obligation to collect

its rain waters so as not to cause damage to his neighbors, even if he be a co-owner of the latter.

 It’s an exemption to Article 637 which obliges lower estates to receive the waters which naturally flow from higher estates.

Art. 675. The owner of a tenement or a piece of land, subject to the easement of receiving water falling from roofs, may build in such manner as to receive the water upon his own roof or give it another outlet in accordance with local ordinances or customs, and in such a way as not to cause any nuisance or damage whatever to the dominant estate. (587)

Easement to receive falling rainwater

 This article deals not with a legal or compulsory easement but with a voluntary easement to receive rain water falling from the roof of an adjoining building.

 It is an application of Article 629.

Art. 676. Whenever the yard or court of a house is surrounded by other houses, and it is not possible to give an outlet through the house itself to the rain water collected thereon, the establishment of an easement of drainage can be demanded, giving an outlet to the water at the point of the contiguous lands or tenements where its egress may be easiest, and establishing a conduit for the drainage in such manner as to cause the least damage to the servient estate, after payment of the property indemnity. (583)

Easement giving outlet to rainwater where house surrounded by other houses

 The legal easement of drainage may be demanded subject to the following conditions:

1. There must be no adequate outlet to the rainwater because the yard or court of a house is surrounded by other houses; 2. The outlet to the water must be at the point where egress is

easiest, and establishing a conduit for drainage; and 3. There must be payment of proper indemnity.

SECTION 7. – INTERMEDIATE DISTANCES AND WORKS

FOR CERTAIN CONSTRUCTIONS AND PLANTINGS

Art. 677. No constructions can be built or plantings made near fortified places or fortresses without compliance with the conditions required in special laws, ordinances, and regulations relating thereto. (589)

Constructions and plantings near fortified places

 This article establishes an easement in favor of the State.

Art. 678. No person shall build any aqueduct, well, sewer, furnace, forge, chimney, stable, depository of corrosive substances, machinery, or factory which by reason of its nature or products is dangerous or noxious, without observing the distances prescribed by the regulations and customs of the place, and without making the necessary protective works, subject, in regard to the manner thereof, to the conditions prescribed by such regulations. These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors.

In the absence of regulations, such precautions shall be taken as may be considered necessary, in order to avoid any damage to the neighboring lands or tenements. (590a)

Construction of aqueduct, well, sewer, etc

 Constructions which by reason of their nature or products are dangerous or noxious must comply with the distances prescribed by local regulations and customs of the place. Necessary protective works must also be built/done by the owner to avoid damage to neighbors.

 The prohibitions cannot be altered by stipulations because of the underlying public policy of safety.

 Whut up, ang layo mo na! Go go go!

Art. 679. No trees shall be planted near a tenement or piece of land belonging to another except at the distance authorized by the ordinances or customs of the place, and, in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted.

Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted.

The provisions of this article also apply to trees which have grown spontaneously. (591a)

Planting of trees (wow!)

 This article establishes a negative easement.

 It provides the minimum distance of trees and shrubs from the boundary line.

 They shall be regulated first by local ordinances; and then by the customs of the place; and in default of both, this interesting article.

 In case of violation, a landowner shall have the right to demand the uprooting of the tree or shrub even if it has grown spontaneously.

Art. 680. If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property. (592)

Intrusions of branches or roots into neighboring estates

 In case of branches, the adjoining owner must first demand that they be cut-off by the tree owner insofar as they spread over the former’s property. If the tree owner refuses, he may ask authority from the court.

 As to the roots, he may cut them off himself if they penetrate into his land without the necessity of giving notice to the tree owner, because, by right of accession, he has acquired ownership over them. It actually constitutes a direct invasion on his land (grabe naman.)

Art. 681. Fruits naturally falling upon adjacent land belong to the owner of said land. (n)

Kung mahulog yung mangga ni Jhunjhun sa lote ko, akin na ba yung mangga?

 Yes. But the falling must occur naturally. So I have no right to pick fruits still on branches that extend over my land.

 This is not based on occupation nor accession, but by operation of law.

SECTION 8. – EASEMENT AGAINST NUISANCE

Art. 682. Every building or piece of land is subject to the easement which prohibits the proprietor or possessor from committing nuisance through noise, jarring, offensive odor, smoke, heat, dust, water, glare and other causes.

Art. 683. Subject to zoning, health, police and other laws and

regulations, factories and shops may be maintained provided the least possible annoyance is caused to the neighborhood.

 The Code considers the easement against nuisance as negative because the proprietor or possessor is prohibited to do something which he could lawfully do were it not for the existence of the easement. However, a nuisance involves any act of ormission which is unlawful. So, these two articles are more of a restriction on the right of ownership than a true easement.

SECTION 9. - Lateral and Subjacent Support (n)

Art. 684. No proprietor shall make such excavations upon his land as to deprive any adjacent land or building of sufficient lateral or subjacent support.

Art. 685. Any stipulation or testamentary provision allowing

excavations that cause danger to an adjacent land or building shall be void.

Art. 686. The legal easement of lateral and subjacent support is not only for buildings standing at the time the excavations are made but also for constructions that may be erected.

Art. 687. Any proprietor intending to make any excavation

contemplated in the three preceding articles shall notify all owners of adjacent lands.

Proprietor prohibited from making dangerous excavations

 Support is lateral when the supported and the supporting lands are divided by a vertical plane.

 Support is subjacent when the supported land is above and the supporting land is beneath it.

 An owner, by virtue of his surface right, may make excavations on his land, but his right is subject to the limitation in Article 684 that he shall not deprive any adjacent land or building of sufficient lateral or subjacent support.

 Any stipulation or testamentary provision allowing excavations that violate Article 684 is void. The limitation applies not only to existing buildings but also to future constructions.

 The notice required in Article 687 is mandatory except where there is actual knowledge of the proposed excavation.

 The adjacent owner is entitled to injunctive relief and to damages for violation of the provisions.

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