Cortes vs.

Yu-Tibo
G.R. No. 911 March 12, 1903
House No. 65 House No. 63
(Cortes) (Yu-Tibo)
Contentions
Cortez
• He acquired from prescription an
easement of light in favor of the
house No. 65 (59 years)
• Easment is positive, therefore the
period of possession for the
purposes of the acquisition of a
prescriptive title is to begin from the
date on which the enjoyment of
the same commenced or from the
time that said windows were
opened
Yu- Tibo
• Easement is negative
• Therefore the time for the
prescriptive acquisition thereof must
begin from the date on which the
owner of the dominant estate may
have prohibited, by a formal act,
the owner of the servient estate
from doing something which would
be lawful but for the existence of
the easement.
Issue

 Whether or not Cortez acquired an easement of light and view by virtue of

prescription.

NO
 Ruling
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.

VS
 (1) From the time of the opening of the
window, if it is through a party wall

 POSITIVE EASEMENT

 The reason for the difference of the doctrine in the one and the other case
is that no part owner can, without the consent of the other, make in a party
wall a window or opening of any kind, as provided by article 580 of the Civil
Code.

 The very fact of making such openings in such a wall might, therefore, be
the basis for the acquisition of a prescriptive title without the necessity of
any active opposition, because it always presupposes the express or
implied consent of the other part owner of the wall, which consent, in turn,
implies the voluntary waiver of the right of such part owner to oppose the
making of such openings or windows in such a wall.
(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.
• NEGATIVE EASEMENT

• Easement of lights in the case of windows opened in one's own wall is of

a negative character, and, as such, can not be acquired by prescription
under article 538 of the Civil Code, except by counting the time of
possession from the date on which the owner of the dominant estate
may, by a formal act have prohibited the owner of the servient estate
from doing something which it would be lawful from him to do were it
not for the easement.

• The prescription of the easement of lights does not take place unless
there has been some act of opposition on the part of the person
attempting to acquire such a right against the person attempting to
obstruct its enjoyment.
 Paragraph 1 Paragraph 2

Positive Easement Negative Easement

Opening of the window is made Opening of the window is made

through a party wall through a wall on the dominant
estate.

Prescription starts to run from the Prescription starts to run from the
moment the opening of the time of formal prohibition upon the
window is established proprietor of the adjoining land or
tenement.
 In the case at bar, since the window is situated on the property of Cortes
and not on the party wall, paragraph 2 of Article 668 applies.

 The easement of light which is the object of this litigation is of a negative

character, and therefore pertains to the class which can not be acquired
by prescription except by counting the time of possession from the date on
which the owner of the dominant estate has, in a formal manner, forbidden
the owner of the servient estate to do an act which would be lawful were it
not for the easement.

 Therefore, Cortes did not acquire an easement of light and view by virtue
of prescription since he was not able to execute any formal opposition to
the right of Yu-Tibo to make any improvements