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Imperial Sia Plazo Noel De Los Santos Bleza Cimagala Bedural | 2D 2012|
1. CORTES v YU-TIBO
FACTS:
Easement disputed here is the easement of light and view.
Plaintiffs wife has certain windows on her property which
open on the adjacent lot. It has been established that the
plaintiffs hasnt done any formal act prohibiting the owner of
the house of the adjacent house prohibiting them to make
any improvements. Plaintiff claims that period of prescription
started when those windows were made and acknowledge by
the owner of the adjacent lot. Defendant however claims
that there should be a formal act prohibiting them from doing
a certain act to trigger the prescriptive period.
ISSUE: W/N plaintiffs have acquired the easement through
prescription?
RULING: NO.
HELD: No.
Paredes have made a mistake in applying the distances
prescribed in the decree of registration to the roofing of their
house. They failed to comprehend the meaning of the phrase
servidumbre de vertiente de los tejados constituted on the
land of Purugganan. Translated, it means the easement of
receiving water falling from the roof which is an
encumbrance imposed on the land of Purugganan because the
encumbrance is not the roof itself but the rain water falling
inside the property of Purugganan. The report submitted by
the court-appointed commissioner clearly shows that Paredes
exceeded the dimension allowed in the decree of
registration.
3. VALISNO V. ADRIANO
Water rights, such as the right to use a drainage ditch for
irrigation purposes, which are appurtenant to a parcel of
land, pass with the conveyance of the land, although not
specifically mentioned in the conveyance. The
purchaser's easement of necessity in a water ditch
running across the grantor's land cannot be defeated
even if the water is supplied by a third person.
FACTS:
Plaintiff is the absolute owner and actual possessor of a land
in Nueva Ecija, with TCT No. NT-16281. He bought the land
from the respondents sister, Honorata Adriano Francisco.
The land which is planted with watermelon, peanuts, corn,
tobacco, and other vegetables adjoins that of the respondent
Adriano on the bank of the Pampanga River. Both parcels of
land had been inherited by Honorata and Felipe from their
father. At the time of the sale of the land to Valisno, the land
was irrigated by water from the Pampanga River through a
canal about seventy (70) meters long, traversing the
Respondent's land.
Imperial Sia Plazo Noel De Los Santos Bleza Cimagala Bedural | 2D 2012|
4. TRIAS V ARANETA
Sellers of land may validly impose reasonable easements and
restrictions as conditions for contracts of sales; the same
may not be overturned by courts merely on the ground that it
impacts dominical rights.
FACTS:
JM Tuason and Co. owned a piece of land that was part of a
subdivision. Thru broker Araneta Inc (of Araneta Coliseum
fame), this civic-minded company sold the land to Mr Lopez
with the condition that said lot should never be used to erect
a factory. This imposition was annotated to the TCT.
A series of transfers and conveyances later, the lot ended up
in the hands of the gorgeous Ms. Rafael Trias. She was
dismayed with the annotation that stated 5. That no
factories be permitted in this section.
RULING: Yes.
The existence of the irrigation canal on Respondents land for
the passage of water from the Pampanga River to Honorata's
land prior to and at the time of the sale of Honorata's land to
the plaintiff was equivalent to a title for the vendee of the
land to continue using it as provided in Article 624 of the Civil
Code (Doctrine of Apparent Sign):
Article 624. The existence of an apparent sign of
easement between two estates, established or
maintained by the owner of both shall be
considered, should either of them be alienated, as a
title
in
order
that
he
easement
may
continue actively and passively, unless at the time,
theownership of the two estates is divided, the
contrary should be provided in the title of
conveyance of either of them, or the sign aforesaid
should be removed before the execution of the
deed.
Imperial Sia Plazo Noel De Los Santos Bleza Cimagala Bedural | 2D 2012|