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Question 4

2022 Bar · Civil Law · 1 sub-question

4. The spouses Santos are the registered owners of Lot 2 located in Umaga Subdivision, Caramoan, Camarines Sur, covered by TCT No. 1369. Lot 2, which has been occupied by the spouses Santos for about 11 years, has a one-storey residential house which was already erected thereon when Lot 2 was purchased by them from the spouses Cruz in 2005. At the time of the acquisition of Lot 2, the adjoining lot, Lot 1, which was also owned by the spouses Cruz, was an idle land without any improvements. Lot 1 remained empty until the spouses Cruz started the construction of a two-storey residential house thereon in 2018. The house constructed on Lot 1 being taller than the spouses Santos’ one-storey residential house, the spouses Cruz’s two-storey residential house obstructed the light, air, and view of the spouses Santos’ residential house. The spouses Santos bemoaned how, prior to the construction on Lot 1, they received enough bright and natural light from their windows. The construction rendered their house dark such that they are unable to do their normal activities in their house without switching on their lights. Have the spouses Santos acquired an easement of light and view with respect to Lot 1 owned by the spouses Cruz? Explain briefly. (5 points)

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