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Q. |
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. |
Answer» D. Both B and C. |
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