Practice question
For twenty years, an owner has maintained windows in a wall entirely on his own land. He never made the required formal prohibition against the adjoining owner’s otherwise lawful construction. When that neighbor proposes building, the window owner claims that elapsed time alone necessarily established a negative easement preventing it. Which is correct?
- Opening windows alone always starts the prescriptive period in this situation
- The claimed negative easement is not established by time alone without the required formal prohibition and other legal requisites
- Every neighbor loses construction rights after one year
- A verbal preference automatically creates a perpetual easement
- The windows transfer ownership of the neighbor’s lot
Legal references
- Garcia v. Santos, G.R. 228334, June 17, 2019; Civil Code, Article 668: https://lawphil.net/judjuris/juri2019/jun2019/gr_228334_2019.html
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