GARGANTOS V. CA- Easement

Category: Property, Ownership and Its Modifications

GARGANTOS V. CA- Easement

FACTS:

Sanz was the previous owner of a land which he subdivided into several lots. One lot was sold to Tengtio, whol sold to Uy Veza. Another lot with a house constituted thereon was sold to Tan Yanon. A third portion with a warehouse was sold to Gargantos. The problem arose when latter asked from the Municipality for a permit to demolish the warehouse in order to construct a higher one. Yan Yung opposed for it would block his window and impair his right of loght and view.

ISSUE:

Whether or not an easement was established

RULING:

Yes. Again, Art. 624 provides that when two adjoining estates were formerly owned by one person who introduced improvements on both such that the wall of the house contructed on the first estate extends to the wall of the warehouse on the second estate; and at the time of the sale of the first estate, there existed on the aforementioned wall of the house, doors, windows which serve as passages for light and view, there being no provision in the deed of sale that the easement of light and view will not be established, the apparent sign of easement between the two estates is established as a title.