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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