In a significant ruling, the Supreme Court clarified the conditions for acquiring an easement of light and view, particularly when properties were previously under single ownership. The Court emphasized that an apparent sign of easement, such as existing windows, acts as a title to the easement, binding subsequent owners unless explicitly removed or altered in the property transfer. This decision protects homeowners’ access to light and view, preventing new constructions from unjustly blocking their established rights, and reinforces the importance of visible property features in determining legal easements.

From Single Owner to Separate Estates: How Visible Signs Establish Easements

The case of Sps. Tedy Garcia and Pilar Garcia v. Loreta T. Santos, Winston Santos and Conchita Tan arose from a dispute between neighbors in Iloilo City. The Garcias, owners of a one-story house, filed a complaint against the Santoses, who began constructing a two-story building on an adjacent lot. The Garcias claimed that the new construction obstructed their right to light, air, and view, and violated easement regulations. The central legal question was whether the Garcias had acquired an easement of light and view over the Santoses’ property, preventing the construction of a building that would block their access to natural light.

The heart of the legal matter lies in understanding easements, specifically those concerning light and view. According to Article 613 of the Civil Code, an easement is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. This essentially grants certain rights over one property (the servient estate) to benefit another (the dominant estate). Easements can be legal, imposed by law, or voluntary, established by agreement between parties. The easement of light and view allows the dominant estate to enjoy free access to light, air, and a view overlooking the servient estate.

Easements are further classified as either positive or negative. A positive easement requires the owner of the servient estate to allow something to be done or to do it themselves, while a negative easement prohibits the owner of the servient estate from doing something they could lawfully do if the easement did not exist. The distinction is crucial because it affects how an easement is acquired. For positive easements, prescription begins when the dominant estate starts exercising the easement. For negative easements, prescription begins only after the owner of the dominant estate formally prohibits the servient estate owner from acting in a way that would violate the easement.

The Supreme Court addressed whether an easement of light and view can be both positive and negative, clarifying the circumstances under which each classification applies. Generally, an easement of light and view is positive if the window or opening is situated in a party wall. Conversely, it is negative if the window or opening is through one’s own wall. In the Garcia case, the windows were on the Garcias’ own wall, which typically implies a negative easement. However, the Court emphasized an important exception under Article 624 of the Civil Code, which addresses situations where two estates were previously owned by a single owner.

Article 624 of the Civil Code provides a crucial exception:

The existence of an apparent sign of easement between two estates, established or maintained by the owner of both, shall be considered, should either of them be alienated, as a title in order that the easement may continue actively and passively, unless, at the time the ownership of the two estates is divided, the contrary should be provided in the title of conveyance of either of them, or the sign aforesaid should be removed before the execution of the deed.

This article essentially states that if there’s a visible sign of an easement (like a window) between two estates owned by the same person, and one of those estates is sold, the easement continues unless explicitly negated in the sale or the sign is removed. This provision is particularly relevant because it establishes a title to the easement even without a formal agreement or notarial prohibition.

The Supreme Court emphasized that Article 624 carves out an exception to the general rule that easements of light and view acquired through windows on one’s own wall are negative and require formal prohibition. The Court referenced key precedents, including Amor v. Florentino and Gargantos v. Tan Yanon. These cases illustrate that when a single owner establishes an apparent easement (like windows) and then divides the property, the easement is effectively created upon the transfer of ownership, binding the new owners of the formerly unified estate.

Specifically, in Amor v. Florentino, the existence of windows in a house that once belonged to a single owner was deemed an apparent sign of an easement of light and view. The Court held that this apparent sign had the same effect as a title of acquisition, and the new owner of the adjacent property could not obstruct those windows. Similarly, in Gargantos v. Tan Yanon, the Court recognized that doors and windows overlooking a neighboring property constituted an easement of light and view, preventing the new owner from constructing buildings that would block the light and view.

Building on these precedents, the Supreme Court found that the Garcias had indeed acquired an easement of light and view. The Court reasoned that because the Santoses previously owned both properties, and the Garcias’ house already had windows when they purchased it, an easement was created by title under Article 624. This meant the Santoses, as owners of the servient estate, could not construct their building in a way that obstructed the Garcias’ access to light and view.

However, the Court also addressed the applicable distance rules. While Article 670 of the Civil Code generally requires a two-meter distance between a wall with direct view windows and the adjoining property, Article 673 provides an exception.

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.

Article 673 stipulates that when a right to direct views has been acquired by title, the servient estate must maintain a distance of three meters from the property line. The Court found that because the Santoses’ construction was only two meters from the boundary line, it violated Article 673. Consequently, the Court ordered the Santoses to demolish or renovate portions of their building to comply with the three-meter distance rule.

FAQs

The Supreme Court’s decision in Garcia v. Santos offers significant clarity on the acquisition of easements of light and view, particularly in situations involving prior single ownership. The ruling underscores the importance of Article 624 of the Civil Code and how visible signs, like windows, can establish enforceable easements. This case serves as a reminder for property owners to be aware of existing easements and how they may impact future construction or development plans.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: SPS. TEDY GARCIA AND PILAR GARCIA, PETITIONERS, V. LORETA T. SANTOS, WINSTON SANTOS AND CONCHITA TAN, RESPONDENTS., G.R. No. 228334, June 17, 2019