FACTS:
In 1927 Tan Yanon purchased a parcel of land with
a house of strong materials. This house has on its northeastern side, doors and
windows over-looking the parcel of land acquired by Juan Gargantos, herein
petitioner, together with the camarin and small building thereon.
In May 1955 Gargantos asked the Municipal Council
of Romblon for a permit to construct a combined residential house and warehouse
on his lot. Tan Yanon opposed approval of this application. Tan Yanon filed
against Gargantos an action to restrain him from constructing a building that
would prevent plaintiff from receiving light and enjoying the view through the
window of his house, unless such building is erected at a distance of not less
than three meters from the boundary line between the lots of plaintiff and
defendant.
ISSUE:
Whether or not the property of respondent Tan
Yanon has an easement of light and view against the property of petitioner
Gargantos.
DECISION:
Respondent Tan Yanon's property has an easement of
light and view against petitioner's property. The two estates, that now owned
by petitioner, and that owned by respondent, were formerly owned by just one
person, Francisco Sanz. It was Sanz who introduced improvements on both properties.
On that portion presently belonging to respondent, he constructed a house in
such a way that the northeastern side thereof extends to the wall of the
camarin on the portion now belonging to petitioner. On said northeastern side
of the house, there are windows and doors which serve as passages for light and
view. These windows and doors were in existence when respondent purchased the
house and lot from Sanz. The deed sale did not provide that the easement of
light and view would not be established. This then is precisely the case
covered by Article 624 of the New Civil Code 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. Thus, 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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