SECTION 5.

EASEMENT OF LIGHT AND VIEW

The EASEMENT OF LIGHT AND VIEW:
1.)

Easement of LIGHT jus luminum; purpose of window, aperture or

opening is to admit light, air, but now view.

2.)

Easement of VIEW servidumbre prospectus;

purpose of the window or opening is the VIEW, easement of light is
deemed included, and

the easement of altius non tollendi, not to build higher so as not

to obstruct the view; prevents the someone (servient estate owner)
from blocking the view of the dominant estate owner.

Aperture- a hole, a gap, an opening

EASEMENT OF LIGHT AND VIEW is either POSITIVE OR NEGATIVE.

a.)

POSITIVE EASEMENT the right to use anothers property for a

specific purpose;
imposes upon the servient estate to allow
something to be done or of doing it himself (Art.616)

b.)

Servitudes of Sufferance, or intrusion or service

Example: easement of light and view in a party wall

NEGATIVE EASEMENT right to prevent another from performing

an otherwise lawful activity on their own property had the easement
not exist. (id)

Also called servitude of Abstention, Limitation or Restriction

Example: easement of light and view, when the window is on
ones own wall.

Art. 667. No part-owner may, without

the consent of the others, open

through the party wall any

window or aperture of any kind.
GEN. RULE: A co-owner of a party
wall, cannot open any window or
aperture, unless allowed by the
other co-owner.
REMEDY: If a co-owner violates the general rule above, the
other co-owner may have the window closed.
EXCEPTION: The right by a co-owner to have the window in
the party wall closed cannot be availed of after lapse of 10
years from opening.

PARTY WALL DEFINEDt

Wall at the dividing line of estates
Co-ownership governs the wall, hence, the party wall is
necessarily a common wall
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)
Q. WHAT IS PRESCRIPTION FOR ACQUISITION OF EASEMENT OF LIGHT
AND VIEW?
A.)

In case of a POSITIVE EASEMENT this is an easement of light and

view obtained if the window opened is on a PARTY WALL [Art. 668
(1)]
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B.)

This means that: a co-owner of a party wall who opened a

window on the party wall (dominant estate), can no longer be
ordered to close this window by the other co-owner after lapse of
10 years from opening of the window. Prescription has been
acquired.

The co-owner who is deemed the servient estate will have to

suffer the existence of the opening on the party wall.

In case of a NEGATIVE EASEMENT this is an easement of light

and view obtained if the window is opened thru ONES OWN WALL
(wall of dominant estate).

In negative easement, the dominant owner receives light and

view from the servient estate.

PRESCRIPTION: In this case, a dominant estate owner can

acquire the easement of light and view by prescription, only after
10 years from the time of notarial prohibition against the
adjoining estate owner.

LEGAL EFFECT: If prescription sets in, the servient estate owner

is now prohibited to set up or construct on his own land, any
thing that will obstruct or block the light and view of the dominant
estate owner.

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)

1.) Article 669 refers to windows opened to admit light, in oness own wall,
that is not a party wall. (also called RESTRICTED WINDOWS)

that is near another building or land belonging to another

that the distances in Article 670 (2 m.- direct view windows; 60cm.oblique windows) towards the adjoining estate boundary were NOT
observed

the one who wants to open in ones wall, is allowed only a max. of a
30cm. size in width or length, for every opening/window made for each
floor.
located immediately under the ceiling or beams/joists
with an iron grating imbedded in the wall
covered with a wire screen

Note: Draw on board - to show students in concrete form Art. 669; or

ask a student to draw the appearance of restricted windows per Art. 669.
2.)

If the proper distance is not observed by an adjoining or neighboring

estate, what can the owner of the adjacent estate do in such case?
a. He can construct a higher building, or wall on his own land even if
he obstructs the light and view of the other
b. However, if easement of light or view has been acquired thru
prescription, after 10 years from notarial prohibition, he cannot
make the obstruction anymore.
c. If the wall becomes a PARTY WALL, the adjoining owner can close
the window, unless there is a stipulation to the contrary.

Note: Illustrate on board #2 a,b,c above to show students in concrete

form the acts that adjacent estate owner may do; or ask a student to do
this.

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.
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The non-observance of these distances does not give rise to

prescription.
CONTERMINOUS having a common boundary; contiguous
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)
Articles 670 and 671 refer to
REGULAR or FULL WINDOWS, and
BALCONIES affording a VIEW to the adjoining estate, as distinguished
from the restricted smaller windows in Art. 669.
1. RULES FOR REGULAR WINDOWS:
For Direct View windows - may be opened if there is a distance of
2 meters from wall of the window to boundary line.

For Side or Oblique windows at least 60cms. from nearest edge

of window to boundary line; distance is shorter due to difficulty
of viewing in side windows.

2. For TERRACES with Railings 2 m. From the wall or outer line of

the railing of the terrace.
3. The Rules for Regular Windows in this Article does not apply to Art.
672.
EXERCISE; APPLICATION:
1.)

On As own wall, 1.5 meter from the boundary line of his

neighbour B, A opened a big full window, directly facing the
house of B. What are the remedies of B in this case, if he feels
uneasy about As direct window overlooking Bs bedroom?
a. B, before the lapse of 10 years from As opening of a window
on his own wall, may have As window closed.
b. Before, during, or even after lapse of 10 years, B would still
have the right to legally obstruct the view and light of As
window by constructing an extension building, or a higher wall
on his property, or planting tall trees on his property.
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Why? A has not acquired a negative easement of light and

view against B. In case of a negative easement, a notarial
prohibition is required for the dominant estate to acquire by
prescription the easement of light and view.

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)

What is the RULE when by any TITLE, a Right for a True Servitude is
imposed against the servient estate owner.
o TITLE may arise from Prescription, Will, Agreement, Donation.
Art. 673 applies also to easements obtained under Art. 624 (whereby
the existence of an apparent sign of easement between two estates
shall be deemed a title if the same is continued, or is not removed at
the time of alienation by one of the co-owners, and/or unless there is a
contrary agreement).

Illustrate:
A & B entered into a contract whereby A is given an easement of light and
view over the land of B.
In the absence of stipulation about distance, B, under the law cannot
construct a wall or building on his own land at less than 3 meters from the
outer line of the wall where the window is opened in case of direct views,
and from the outer line of the balconies or belvederes, if any (Art. 672).
The minimum distance of 3 meters may be increased, or decreased. If
decreased, the minimum distances (2 meters; 60 centimeters) prescribed
in Art. 670 must be observed; less than this, is void.

SUMMARY:
Q. What is the EFFECT upon the OWNER OF SERVIENT ESTATE
whenever by TITLE, a right has been acquired to have direct
views, balconies or belvederes overlooking an adjoining
property?
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A . The Owner of Servient Estate CANNOT build on his estate at

Less than a distance of THREE METERS to be measured from
the outer line of the wall when the openings do not project; if
they project, the 3 meters will be measured from the outer line
of the projections. (Arts. 671 & 673)

Art. 672. The provisions of Article 670 are 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)
Article 670 applies to buildings separated by public alley 3 meters wide, or
more.

EASEMENT OF DRAINAGE OF BUILDING

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)
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)
RESTRICTIONS ON EASEMENT OF DRAINAGE OF BUILDINGS:
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1. The building owner must let rain water fall on his own land, not to the adjacent
land, even if he is a co-owner of the land.
2. Rain water must be collected instead of being allowed to drift to the adjacent
or lower land.
NOTE: Art. 674 and 675 strictly speaking is not an easement, but are more of
REGULATIONS IN HOW THE OWNER OF A BUILDING must construct its roof or
covering, relative to the fall of rain water, its collection and disposal.
Discuss: Purugganan v. Paredes and Barreras, L-23818, Jan. 21, 1976
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)

This is Easement for Rainwater Outlet; similar to easement of

right of way.
LEGAL EASEMENT ON LATERAL AND SUBJACENT SUPPORT
Sec. 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.

LATERAL DISTINGUISHED FROM SUBJACENT

The support is lateral when both the land being supported

and the supporting land are on the same plane.

When the supported is above the supporting land, the

support is subjacent

Art. 685. Any stipulation or testamentary provision allowing

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

Art. 687. Any proprietor intending to make any excavation

contemplated in the three preceding articles shall notify all
owners of adjacent lands.
NOTE:
1. This may not be a true easement for even without this legal
easement on lateral and subjacent support, in favour of the
dominant estate, public safety and the general principle of the law
on Property requires that - every person must use ones
property as not to injure others. (sic utere tuo et alienum non
laedas)
2. Remedy for Infraction of this easement file for injunction and
damages.
3. Notice is required to all adjacent land owners, unless there is actual
knowledge, so the latter can take precautions.
4. But the notice shall not serve to excuse the dominant estate owner
from his obligation to provide for lateral or subjacent support.
LEGAL EASEMENT ON INTERMEDIATE DISTANCES
& WORKS FOR CONSTRUCTIONS & 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.
Reason or purpose:

For public security and safety

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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)
Reason: For public safety and health.
Remedy and Liability: Violator may be held for damages and
Injunction is available as remedy.

EASEMENT - RULES AS TO PLANTING OF TREES

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)
WHAT ARE THE RULES OR EASEMENT AS TO DISTANCES IN PLANTING OF
TREES:
1. Ordinances or customs of the place; and in their absence ...
2. At least TWO (2) METERS from dividing line of the estates for tall trees
3. At least FIFTY (50) CENTIMETRES for shrubs or small trees.
REMEDY IF TREES ARE PLANTED IN SHORTER DISTANCE:

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Estate owner has the right to demand that the trees planted or
growing spontaneously be uprooted or removed.

EASEMENT - RULES RE EXTENSION OF BRANCHES,

INTRUSION OF ROOTS AND FRUITS
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.

WHAT IS THE RULE REGARDING TREE BRANCHES EXTENDING

OVER ANOTHER ESTATE?

The owner of neighboring estate, tenement or yard, shall have the

right to demand from owner of the tree, that the branches
extending over his estate be CUT OFF.

WHAT IS THE RULE REGARDING ROOTS OF A NEIGHBORING TREE

WHICH PENETRATED INTO THE LAND OF ANOTHER?

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Owner of the
neighboring
estate, yard,
tenement, to
which
the
tree
roots
have
penetrated,
may himself,
cut off the
roots within his property. (Art. 680)
Reason: by accession or incorporation, the
acquired ownership over the roots.

servient estate owner has

Q. Will the right to demand cutting off of branches or roots prescribe?

o Gen. Rule imprescriptible if merely tolerated by the neighboring
estate intruded.
o Exception that is, period of prescription will begin to run:
a.) As to BRANCHES from demand made by neighbour
b.) As to ROOTS from notarial prohibition made by the tree owner (negative
easement Art. 616)
Q. Can the owner of the tree whose branches and roots have already
intruded or penetrated the other persons/neighbours estate still be
allowed to cut off the tree, if the latter objects?
A. Yes, the tree owner can cut down the tree for he remains the owner of
the tree. (Crudo v. Mancilla et al, 37 OG, No. 104, p. 2089)
Art. 681. Fruits naturally
the owner of said land.

falling

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upon adjacent land belong to

Q. If your neighbors tree branches bearing the fruit intruded in your estate, do you
have the right to pick them from the branches, since these branches and fruits are
now in your own property, and as such, they can be considered as accessions,
subject to your dominion as owner of the principal property?
A. No, for Art. 681 requires that the fruits must first fall naturally on my
land before they will belong to me as landowner. Reason: Acquisition of
ownership of naturally fallen fruit is by LAW, not due to principles of
accession nor occupation.

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