- Oscar Sternberg owns a parcel of land with a two storey-house which was built in 1905.
- The said house has windows overlooking the adjacent lot belonging to Soriano.
- The windows were built on the wall of the house which has a 1.36 m. distance from the dividing line between the two lots.
- Thereafter, Soriano filed an action to compel Sternberg to close the windows because it is less than 2 meters from the division line between the two lots and hence, a violation of Article 582 (now Article 670) of the Civil Code.
- The law provides that "No windows or balconies or other similar projections which directly overlook the adjoining property may be opened or built without leaving a distance of not less than 2 meters between the wall in which they are built and such adjoining property.
- Stenberg argues that the action of Soriano has already prescribed.
- It must be noted that there is no annotation in the Torrens title of the parties involved. (No easement of view in the title of Soriano and no right to easement on the title of Sternberg.)
- Here, there is no question of easement.