Sepúlveda v. Casanova

Mr. Justice Todd, Jr.,

delivered the opinion of the Court.

The plaintiffs brought this action of denial of servitude alleging that the defendant, without any title thereto, “has constructed over the fence he erected between his property above described and plaintiffs’, a structure or balcony of considerable importance, which measures approximately some 36 feet along the dividing fence over which it rests, with direct views over and admitting light from the property of the plaintiffs,” and that the defendant “constructed said balcony or structure with openings and other apertures, without any…