WHO OWNS THE FRUITS NATURALLY FALLING UPON AN ADJACENT LAND?

• Fruits naturally falling upon adjacent land belong to the owner of said land.

• If the fruits still hang on to the tree, they are still owned by the tree owner.

• If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter does not have the right to take the matter into his own hand by cutting of the branches extending on his property.

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EASEMENT OF PARTY WALL

• Party Wall is a wall at the dividing line of estates; co-ownership governs the wall.

• The cost of repairs and construction of party walls shall be borne by all the owners of the lands or tenements having the party wall in their favor, in proportion to the right of each.

• Any owner may exempt himself from contributing to this charge by renouncing his part-ownership, except when the party wall supports a building belonging to him.

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EASEMENT OF LIGHT AND VIEW

• The legal easement called easement of light and view refers to an easement whereby the dominant estate enjoys the right to have free access to light, a little air, and a view overlooking the adjoining estatee., the servient estate.

• Easement of light is the right to make openings under certain conditions in order to receive light from another’s tenement while the easement of view is the right to make openings or windows, to enjoy the view through the estate of another and the power to prevent all constructions or works which would obstruct such view or make the same difficult.

• The easement of light and view in the case of windows opened in one’s own wall is negative easement. As such, it cannot be acquired by prescription except where sufficient time of possession has elapsed after the owner of the dominant estate, by a formal act, has prohibited the owner of the servient estate from doing something which would be lawful but for the easement.

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CAUSES FOR EXTINGUISHMENT OF THE EASEMENT OF RIGHT OF WAY

• Opening of a new road may extinguish the legal easement of right of way.

• Joining the dominant estate to another, that is the latter becomes also the property of the dominant owner, which abuts, and therefore has access to the public highway extinguish the legal easement of right of way.

• Public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished.

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