This case has been cited 1 times or more.
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2008-07-04 |
YNARES-SATIAGO, J. |
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| Finally, we agree with the trial court's observation that the continuous presence of the old adobe wall diminishes the case for the respondents. It was only in 1989 that the wall became an ungainly sight for respondents. Previous owners of what now constitutes the respondents' respective lots did not complain of its presence. The wall appears to have been built in the 1960s, and yet the Madrigals (SUSANA title owners) did not complain about it; if they did, Nerit would have known and testified to the same since he was responsible for the subdivision of the lot. Only respondents complain about it now. In one overlapping of boundaries case,[87] the Court held that a land owner may not now claim that his property has been encroached upon when his predecessor did not register any objections at the time the monuments were being placed on the claimed encroached area; nor did the latter make any move to question the placement of said monuments at the time. | |||||