A built his house on his lot up to the boundary line and opened windows with direct view over the lot of B. Twenty (20) years later, B built his house up to the boundary line of his lot, hence, A filed a complaint enjoining B from building his house up to the boundary contending that he has acquired the easement of light and view by prescription and that B cannot build less than 3 meters from the boundary. Is A correct?
A)Yes, because of prescription and laches.
B)No, because there was no formal prohibition by means of an instrument acknowledged before a notary public prohibiting B from obstructing his easement of light and view.
C)No, because A did not observe the 2-meter distance between the windows since the view is direct and the lot of B (Non-observance of the distances does not give rise to prescription.)
D)Both B and C.

Question

Quizplus · Accepted Answer

The correct answers are B and C because for an easement of light and view to be acquired by prescription, there must be a formal prohibition acknowledged before a notary public, and specific distances must be observed to respect the neighbor's property rights. A's failure to formally prohibit B from obstructing the view and not observing the required distances means A cannot claim the easement by prescription.

A Built His House on His Lot Up to the Boundary