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  • Writer's pictureZiggurat Realestatecorp

Rules on co-ownership

Did your late grandparents bequeathed an agricultural land to you and your siblings and you want to claim and sell your part, despite the objections posed by your siblings?

Then your situation falls under the provision of co-ownership pursuant to Article 484 of the New Civil Code of the Philippines, which provides:

"Article 484. There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons.

"In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title."

Relatedly, Article 494 of the said Code provides:

"Article 494. No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned.

"Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid. This term may be extended by a new agreement.

"A donor or testator may prohibit partition for a period which shall not exceed twenty years.

"Neither shall there be any partition when it is prohibited by law.

"No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long as he expressly or impliedly recognizes the co-ownership."

Based on the foregoing, while a co-ownership may exist between two or more persons who own an undivided property, the co-owners are not required to maintain the co-ownership.

Any of the co-owners may demand the division or partition of the property at any time, except when there is an express agreement that prohibits partition for a specified period.

Thus, you may now demand and claim your share of the said parcel of land despite the objections of the other co-owners of the land, which in your case, are your siblings. You may opt to seek the intervention of the court to divide the property and claim your share thereof if your siblings continue to refuse the partition.

Source: Manila Times

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