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Jus Luminum and Jus Prospectus
What is easement of light (jus luminum)?
The right to admit light from neighboring estate by virtue of the opening of a window or the making of certain openings.
What is easement of view (jus prospectus)?
The right to make openings or windows to enjoy the view thru the estate of another and the power to prevent all constructions or works which could obstruct such view or make the same difficult.
Note: It necessarily includes easement of light.
What is the prescriptive period for acquisition of easement of light and view?
From when does the prescriptive period start to run?
The reckoning point depends on whether the easement is positive or negative which, in turn, is dependent on where the opening is made if it is made:
1. On one’s own wall and the wall does not extend over the property of another – The easement is negative. Commencement of Period of prescription-starts from the time formal prohibition is made.
Reason: The owner merely exercises his right of dominion and not of an easement. Negative easement is not automatically vested as formal prohibition is a pre-requisite.
2. Thru a party wall or on one’s own wall which extends over the neighboring estate – The easement is positive. Commencment of Period of prescription – starts from the time the window is opened.
Reason: owner of the neighboring estate who has a right to close it up allows an encumbrance on his property.