Easement of Light and View

EASEMENT OF LIGHT AND
VIEW
Articles 667-673
Preliminary Considerations
This section deals with two kinds of easements:
(1) The easement of LIGHT — “jus luminum” (the purpose of which is

to admit light, and a little air, but not VIEW)
(2) The easement of VIEW – “servidumbre prospectus” (Incidentally,
although the principal purpose here is VIEW, the easement of light is
necessarily included, as well as the easement of “altius non tollendi”
[not to build higher for the purpose of obstruction].)
Art. 667. No part-owner may, without the consent of
the others, open through the party wall any window or
aperture of any kind.
Example: A and B are co-owners of a party wall. A can not make an opening on the
wall without the permission of B. If A were allowed to do this (without B’s
consent), there is a distinct possibility that A will later claim the whole wall as his in
view of the exterior sign. (Art. 660, par. 1). Moreover, it is as if A were allowed to
use the WHOLE thickness of the 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.
The easement of light and view is either positive or negative:
(a) Positive — if the window is thru a party wall. (Art. 668, par. 1) Therefore,
the period of prescription commences from the time the window is opened.
[NOTE: The mere opening of the window does not create the easement; it
is only when after a sufficient lapse of time where the window still remains
open, that the easement of light and view is created. (Art. 668, par. 1).]
(b) Negative — if the window is thru one’s own wall, that is, thru a wall of the
dominant estate. (Art. 668, par. 2). Therefore, the time for the period of
prescription should begin from the time of notarial prohibition upon the
adjoining owner. (Cortez v. Yu Tibo, 2 Phil. 24). “Formal prohibition’’ or
“formal act’’ (under the old Civil Code, Art. 538) means not merely any
writing, but one executed in due form and/or with solemnity — a public
instrument.
Illustrative Problems
(a) A and B own a party wall. A, without B’s consent, made an opening
in the party wall on Dec. 9, 2002. In 2003, may B still close the
opening?
ANS.: Yes, for no easement has yet been acquired by A. (Art. 668,
par. 1).
(b) In the preceding example, can B close the window on Dec. 10, 2012?
ANS.: No more, for more than 10 years have elapsed; and A has
already acquired the easement. (Art. 668, par. 1; Art. 620).
(c) A and B are adjoining owners. In 2002, A made an opening in his
own wall. In 2007, A makes a formal notarial demand on B,
prohibiting him to obstruct the view. In 2013, may B still set up an
obstruction?
ANS.: Yes, because although more than 10 years had elapsed since
the opening of the window, still less than 10 years have elapsed since
the notarial prohibition.
Art. 669. When the distances in Article 670 are not observed, the owner
of a wall which is not a 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 joists 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.
Restrictions
(a) Maximum size — 30 cm. square (that is, not
more than 30 cm. length or width).
(b) There must be an iron grating imbedded in the
wall.
(c) There must be a wire screen.
(d) The opening must be at the height of the
ceiling joists (beams) or immediately under
the ceiling (techo).
[NOTE: There may be several openings provided,

the restrictions are complied with for every
opening.
Illustrative Problems
A has made restricted windows on his own wall for light. What can the adjoining
or abutting owner do?
ANS.: (a) He can obstruct the light:

1) by constructing a higher building on his own land; or
2) by raising a blocking wall (in both cases he cannot make the obstruction if
the easement of light has been acquired — 10 years after notarial prohibition).
(b) If the wall becomes a PARTY WALL, he can close the window, unless there
is a stipulation to the contrary. (See Art. 669).
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.
The non-observance of these distances does not give rise to

prescription.
The Proper Distances
(a) for windows having direct (face to face) views, observe at least two
(2) meters distance between the wall having the windows and the
boundary line.
(b) for windows having side or oblique views (that is, one must turn his
head to the right or to the left to view the adjoining land), observe a
distance of at least sixty (60) cms. between the boundary line and
nearest edge of the window. (Art. 670).
What is meant by the ‘‘non-observance of these distances does not
give rise to prescription”?
- This merely means that “the MERE non-observance of these

distances does not give rise to prescription” because this being a
NEGATIVE easement, a notarial (formal) prohibition is still
required before the period of prescription will commence to run.
Art. 671. The distances 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 views
from the dividing line between the two properties.
Art. 672. The provisions of Article 670 are not
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.
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.
Example:
A and B are adjoining owners. By virtue of a contract, B agreed to give
A an easement of view over his (B’s) land.
In the absence of any stipulation about DISTANCE, B (the servient

owner) cannot construct a building on his own land at less than a
distance of three meters from the boundary line (computed according
to Art. 671). However, the distance may be increased or decreased
provided that the MINIMUM distances (2 meters; 60 centimeters)
prescribed in Art. 670 are observed. The same may be said of an
easement of view acquired by prescription. (See 4 Manresa 807-810).
Art. 673 applies even when the easement has been acquired
under Art. 624. Thus, if an estate has easement of light and
view under Art. 624, the neighbor cannot construct on his (the
neighbor’s) lot unless he observes the 3-meter rule.

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EASEMENT OF LIGHT AND

(1) The easement of LIGHT — “jus luminum” (the purpose of which is

(1) From the time of the opening of the window, if it

(2) From the time of the formal prohibition upon the

Nevertheless, the owner of the tenement or property adjoining the wall

He can also obstruct them by constructing a building on his land or by

[NOTE: There may be several openings provided,

ANS.: (a) He can obstruct the light:

Neither can side or oblique views upon or towards such conterminous

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

- This merely means that “the MERE non-observance of these

In the absence of any stipulation about DISTANCE, B (the servient

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