The spouses Santos are the registered owners of Lot 2 located in Umaga Subdivision, Caramoan, Camarines Sur, covered by TCT No. 1369. Lot 2, which has been occupied by the spouses Santos for about 11 years, has a one-storey residential house which was already erected thereon when Lot 2 was purchased by them from the spouses Cruz in 2005. At the time of the acquisition of Lot 2, the adjoining lot, Lot 1, which was also owned by the spouses Cruz, was an idle land without any improvements. Lot 1 remained empty until the spouses Cruz started the construction of a two-storey residential house thereon in 2018. The house constructed on Lot 1 being taller than the spouses Santos’ one-storey residential house, the spouses Cruz’s two-storey residential house obstructed the light, air, and view of the spouses Santos’ residential house. The spouses Santos bemoaned how, prior to the construction on Lot 1, they received enough bright and natural light from their windows. The construction rendered their house dark such that they are unable to do their normal activities in their house without switching on their lights. Have the spouses Santos acquired an easement of light and view with respect to Lot 1 owned by the spouses Cruz? Explain briefly. (5 points)
Suggested answer only. Not an official answer and not legal advice.
Yes, the spouses Santos acquired an easement of light and view with respect to Lot 1 owned by the spouses Cruz.
Under Article 624 of the Civil Code, when an apparent sign of an easement between two estates is established by the common owner, alienating either property creates a title over the easement by operation of law, unless the contrary is provided in the title of conveyance or the sign is removed prior to execution.
Here, both lots were originally owned by the spouses Cruz, who erected the windowed house on Lot 2. When Lot 2 was sold to the spouses Santos in 2005 without removing the windows or stipulating otherwise in the deed of sale, an easement of light and view was created by title over Lot 1.
Therefore, the spouses Santos acquired an easement of light and view over Lot 1.
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Quick check
Under Article 624 of the Civil Code, what creates a title for an easement of light and view upon the division of ownership of two properties?
Article 624 provides that an apparent sign established by a common owner creates title over the easement upon severance of ownership.
What exception prevents the creation of an easement of light and view under Article 624 of the Civil Code?
Article 624 states the easement arises unless the contrary is provided in the title or the sign is removed prior to conveyance.
How does Article 624 of the Civil Code differ from acquisition of light and view under Article 638?
Article 624 creates an easement by title upon severance of common ownership without requiring a formal prohibition.
What is the legal status of windows constructed on a house by the common owner of two adjoining lots upon the sale of the house lot?
Windows built by a common owner constitute an apparent sign that establishes an easement of light and view upon sale.
Why did the spouses Santos acquire an easement of light and view over Lot 1 owned by the spouses Cruz?
An easement arose by title under Article 624 because the spouses Cruz sold Lot 2 with existing windows without contrary stipulation.
Learn more about these topics
1. Apparent Sign Easement
Under Article 624 of the Civil Code, the existence of an apparent sign of an easement established or maintained by the common owner of two properties constitutes a title for the easement to continue actively and passively. This rule applies when either property is alienated, unless at the time the ownership is divided, the contrary is provided in the title of conveyance, or the apparent sign is removed before the execution of the deed.
2. Title Creation Mode
Easements may be acquired either by virtue of a title or by prescription. Under Article 624, the easement of light and view is created by title by operation of law upon the severance of ownership of the two estates. When the common owner alienates the property possessing windows without removing them or stipulating against the easement, the burden on the adjoining lot arises automatically upon execution of the conveyance.
3. Garcia Santos Doctrine
Under the landmark ruling in Garcia v. Santos, the statutory requirement of a formal prohibition under Article 638 applies only when windows are opened on one's own wall on a single property without prior common ownership. When windows already exist on a building erected by a common owner who later sells the property, Article 624 applies, and an easement of light and view is created immediately upon sale without requiring a formal prohibition.