An easement that can be acquired by prescription: (1%)
(A) Right of way
(B) Watering of an animal
(C) Lateral and subjacent support
(D) Light and view
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(D) An easement that can be acquired by prescription is the easement of light and view. Under Article 620 of the Civil Code, only continuous and apparent easements may be acquired by
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Quick check
Under Article 620 of the Civil Code, which type of easement may be acquired by prescription of ten years?
Only continuous and apparent easements may be acquired by prescription under Article 620.
Under Article 622 of the Civil Code, how may discontinuous easements be validly acquired?
Article 622 explicitly provides that discontinuous easements can only be acquired by virtue of a title.
Why is a right of way classified as a discontinuous easement under Philippine civil law?
A right of way is discontinuous because its exercise depends upon the intervention of acts of man.
Which of the following easements is classified as continuous and apparent, making it acquirable by prescription?
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How does the prescription period for an easement of light and view begin when a window is opened on a party wall?
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Learn more about these topics
1. Acquirable Easements
Under Article 620 of the Civil Code, continuous and apparent easements may be acquired either by virtue of a title or by prescription of ten years. A continuous easement is one whose use is or may be incessant without the intervention of any act of man, while an apparent easement is one that is made known and continually kept in view by external signs. Only easements possessing both qualities of continuity and apparentness can be acquired through acquisitive prescription under Philippine property law.
2. Discontinuous Easement Prohibition
Under Article 622 of the Civil Code, continuous non-apparent easements and discontinuous easements, whether apparent or not, can only be acquired by virtue of a title. Discontinuous easements are those used at intervals and depend upon the acts of man, such as a right of way or the watering of animals. Because their exercise relies on human intervention, long use or tolerance by the servient owner cannot ground acquisitive prescription, preventing title from being acquired without express grant.
3. Light and View
An easement of light and view is classified as a continuous and apparent easement under Philippine civil law. It allows the dominant estate to receive light and enjoy a view through openings or windows made in a wall. When opened in a party wall or on one's own wall adjoining a neighbor's property, the prescription period of ten years begins either from the time of opening or from the service of a formal prohibition, allowing acquisition of the easement by prescription.