CO-OWNERSHIP

It is a state where an undivided thing or right

belongs to two or more persons.

A. Law- party walls, party ditches, coownership of a man and a woman

whose marriage is void or living
together without the benefit of
marriage.

A co-ownership is not a juridical person, nor

is it granted any form of judicial personality.
Thus, it cannot sue in court.

RULE: if actual contribution of a party is

not proved, there will be no co-ownership
and no presumption of equal shares.

Co-owners may of course litigate in their

individual capacities.

B. Contract- agree not to divided the land

for 10 years
C. Chancecommixtion
(solids),
confusion (liquids) and hidden treasure

ART 484

Salvador v. CA
Possession of a co-owner is like that of a
trustee and shall not be regarded as adverse
to the other co-owners but in fact as
beneficial to them all.
There is no co-ownership when different
portions owned by different people are
already
concretely
determined
and
identifiable, even if not yet technically
described.
Nufable v. Nufable
A co-owner can only alienate his pro indivisio
share in the co-owned property.
A co-owner does not lose his part ownership
of a co-owned property when his share is
mortgaged by another co-owner without the
formers knowledge.
Sanchez v. CA
A co-owner may validly lease his undivided
share independently of the other co-owners.
De Guia v. CA
A co-owner of an undivided parcel of land is
an owner of the whoile and over the whole
exercises the right of dominion but he is at
the same time the owner of a portion which
is truly ABSTRACT.
There is no co-ownership when the different
people are aleady concretely determined and
are separately identifiable even if not yet
technically describe.

What Governs Co-Ownership

A. Contracts
B. Special legal provisions
C. Provisions of the title on co-ownership
Sources of Co-ownership (LCCOS)

Each
acquiring
an
interest
in
proportion to the value of his material.
D. Occupation or occupancy
E. Succession intestate heirs
partition

before

Kinds of Co-ownership
1. Viewpoint of subject matter
A. Undivided thing
B. Undivided right (inherited lease right)
2. Source
A. Contractual
B. Non-contractual
3. Rights of co-owners
A. Tenancy in common
B. Joint tenancy
Characteristics of Co-ownership
A. More than one owner
B. Physical whole divided into IDEAL
shares
C. Shares, definite in amount but not
physically segregated
D. Each co-owner must respect the other
co-owners concerning the objects
common
use,
enjoyment
or
preservation of the physical whole.
E. Ideal share, each co-owner holds
almost absolute control over the same
(no substitution when personal rights
are involved)
F. It is not a juridical person
G. A co-owner is in a sense a trustee for
the other co-owners
485 SHARES
CHARGES

IN

BENEFITS

AND

A. Proportional to the interest of each

B. Contrary stipulation is void

C. Each
co-owner
shares
proportionately in the accretion or
alluvium of the property
If a co-owner has paid the taxes, he could
compel contribution from his co-owners
486 RIGHT TO USE PROPERTY OWNED
IN COMMON
Right to use for the purposes intended
A. Interest of the co-ownership must
not be injured or prejudiced
B. Other co-owners must not be
prevented from using it
487 RIGHT OF CO-OWNERS TO BRING AN
ACTION (EJECTMENT)
One co-owner may himself bring the
action
Presumption is that the case instituted by
one was really in behalf of ALL
If a co-owner brings an action/case only
for himself the action should not be
allowed to prosper
488 EXPENSES FOR PRESERVATION
A co-owner has the right to compel the
others to share in the expenses of
preservation, even if incurred without
prior notification to them.
A co-owner may exempt himself from
reimbursing the expenses made by
renouncing a portion of his undivided
share equivalent to his share of the
expenses and taxes.
Reimbursement only covers NECESSARY
EXPENSES not for useful improvements, even
if the value of the property is thereby
increased.

If necessary repairs are not made and causes

damage, those who made the unjustified
opposition against said repairs shall be
responsible.
No notification was made when the repairs
were made:
A. If necessary, all would be liable as the
repairs were essential
B. However, the co-owner who neglected
to make the notification must take
care of the difference.
409 PEREPENDICULAR OWNERSHIP
A. Proportionate contribution is required
for the preservation of the following:
(MPRO)
1. Main walls
2. Party walls
3. Roof
4. Other things in common
B. Each floor owner must bear the
expenses of his floor
C. Stairs are to be maintained from story
to story by the users.
RA 4726 CONDOMINIUM ACT
Condominium
- An interest in real property consisting
of a separate interest in a unit in a
residential, industrial or commercial
building and an undivided interest in
common directly or indirectly, in the
land which it is located and in other
common areas of the building.
Unit
-

Part of the condominium project

intended for any type of independent
use or ownership.

Project
-

Entire parcel of real property divided

or to be divided in condominiums.

Renunciation cannot be implied by mere

refusal to pay the proportionate share. If
there is refusal to pay but no renunciation,
the creditors can still collect from the
delinquent co-owner.

Common areas

489 NUMBER OF
MUST CONSENT

To divide

CO-OWNERS

WHO

A. Repairs, ejectment action- ONE

B. Alterations or acts of ownership- ALL
C. All others, (useful improvements,
luxurious
embellishments
etc.)FINANCIAL
MAJORITY/CONTROLLING
INTEREST

Entire project excepting all units

separately granted, held or issued.

To divide ownership thereof or other

interest therein by conveying one or
more condominiums thereon but less
than whole thereof.

Boundary of Units (IF-CWD)

1.
2.
3.
4.
5.

Interior surfaces of perimeter walls

Floors
Ceilings
Windows
Doors

GR: Except as otherwise provided, the

common areas shall remain undivided and
there shall be no judicial partition thereof. (It
shall remain undivided)
XPN: Sec. 8 Partition by sale shall be made
upon a showing:
A. Three
years
after
damage
or
destruction to the projects which
render a material part thereof unfit for
its use prior thereto, the project has
not
been
rebuilt
or
repaired
substantially to its state prior to its
damage or destruction
B. Damage or destruction to the project
has rendered or more of the units
therein
untenantable
and
that
condominium owners holding an
aggregate more than 30% interest in
the common areas are opposed to
repair or restoration
C. The project has been in existence in
excess of 50 years, that it is obsolete
or uneconomic, and that condominium
owners holding in aggregate more
than 50% interest in the common
areas are opposed to repair or
restoration
or
modeling
or
modernizing
D. The project or a material part thereof
has been condemned or expropriated
and that the project is no longer
viable, or that the condominium
owners holding in aggregate more
than 70% interest in the common
areas are opposed to continuation of
the
condominium
regime
after
expropriation or condemnation of a
material portion thereof
E. Conditions for such partition by sale
set forth in the declaration of
restrictions
duly
registered
in
accordance with the terms of this act,
have been met.
Skyworld
Condominium
Association v. SEC

Owners

All incorporators of a condominium

corporation must be an owner of a
condominium unit.
Ownership

The buyer of a unit in a condominium

acquires ownership over the unit only
after he has paid in full its purchase
price (contract to sell).

491 ALTERATION
All co-owners must consent to such
Alteration is a change: (PCP)
A. More or less permanent
B. Changes the use of the ting
C. Prejudices the condition of the thing or
its enjoyment by the others
Examples: sale, donation of the WHOLE
property, sold without the consent of the
parties (sale is valid only with respect to the
share of the co-owner seller)
Leases are considered not mere acts of
administration but acts of ownership
requiring the consent of ALL THE COOWNERS.
GR:
Alteration
requires
UNANIMOUS
CONSENT of the co-owners either express or
implied
XPN: The withholding of the consent of the
other co-owners is clearly prejudicial to the
common interest, the courts may afford
adequate relief.
Illegal Alteration
-

If made without the express or implied

consent of the other co-owners.

Effects:
A. A co-owner may lose what he has
spent
B. Demolition can be compelled
C. He would be liable for losses and
damages
D. But
whatever
benefits the
coownership derives will belong to it
E. In case a house is constructed on
common lot, all the co-owners will be
entitled to a proportionate share of the
rent
492. FOR ADMINISTRATION AND BETTER
ENJOYMENT OF THE THING OWNED IN
COMMON, THE RESOLUTION OF THE
MAJORITY OF THE CO-OWNERS SHALL
BE BINDING
No majority unless the resolution is approved
by the co-owners who represent the
CONTROLLING INTEREST.

If there is no majority, or resolution of the

majority is prejudicial to others, the court
may intervene at the instance of another coowner, such as the appointment of an
administrator.
Acts of administration or management
Do not involve an alteration
Those that may be renewed from time to
time (renewable)
Transitory effects, does not bind the coownership for a long time in the future.

A co-owner who sells, points out to his

buyers the boundaries of the part he was
selling, and the other co-owners make no
objection, there is already PARTIAL PARTITION
and the sale of the definite portion can no
longer be assailed.
A co-owner may:
Substitute another person in its enjoyment
(XPN: when personal rights are involved)
Exempt himself from necessary expenses
and taxes by renouncing part of his interest
in the co-ownership.

Do not give rise to a real right

Unauthorized Sale

Even if called an alteration, do not affect the

substance or nature of the thing

A co-owner cannot sell the entire

property, it is valid only insofar as his
share is concerned or the other co-owners
consent to the sale.

Common benefit of all the co-owners and not

for only one of them.
Ex. leases of one year or less (not registered)
Acts of management (custody of the thing)
Limitations on the right of the financial
majority
A. There should first be a notice to the
minority
B. Justified only in proceeding when the
urgency of the case and the difficulty
of meeting with them renders
impracticable the giving of such notice
C. The minority may appeal to the court
the decisions of the majority
Ex. no real majority, prejudicial, victims of
fraud
Examples of acts seriously prejudicial
-

Loans are made without sufficient

security
Encumberance or disposition
Abusive or inefficient administration

493 Ideal Share

Each co-owner has FULL ownership of his
part and of his share of the fruits and
benefits.
He may ALIENATE, ASSIGN OR MORTGAGE
his ideal share (undivided and without
boundaries) without prejudice to the exercise
by the others of their right of LEGAL
REDEMPTION.
Redemption cannot be had when there has
already been partition of the former common
property.

If a share is sold to a stranger, it is the

stranger who should participate in the
partition.
If sold to an innocent purchaser for value
who is unaware of said co-ownership
annulment of sale will not prosper. The
co-owners prejudiced may sue the
assurance
fund
or
demand
indemnification form the trustee.
RULES
1. A co-owner cannot sell the entire
property (he may only sell his pro
indivisio share at the existence of
the co-ownership)
2. No individual co-owner can claim
title to any definite portion of the
co-owned thing until partition is
made.
3. He has no right to sell a divided
party by metes and bounds of the
land owned in common
4. He may not convey a physical
portion of the land
5. He may not adjudicate to himself
any determinate portion of the land
owned in common.
494
THE
LAW
DISCOURAGES
COOWNERSHP AS IT CREATES ANIMOSITY
HENCE, NO CO-OWNER IS OBLIGED TO
REMAIN IN THE CO-OWNERSHIP
The right to partition never prescribes.
No prescription shall run in favor of a coowner or co-heir against his co-owners as
long as he expressly or impliedly recognizes

the
co-ownership.
ESTOPPEL)

(NO

LACHES

AND

WHEN PARTITION MAY NOT BE HAD

(ADLUN)
A. By agreement (not exceeding 10
years)
- Renewable after the expiration of the
period.
B. Prohibited by the donor or testator
(not exceeding 20 years)
C. Partition is prohibited by law (ex.
conjugal partnership)
D. Physical partition would render the
property UNSERVICEABLE.
XPN: may be allotted to a co-owner
who shall indemnify the others or it
will be sold and be divided equally.
E. Legal nature of the common property
does not allow partition
Ex. party walls
PROHIBITION
AGREEMENT

BECAUSE

OF

AN

a) Must not exceed 10 years

b) If it exceeds such, it is valid only
insofar as the first 10 years are
concerned
c) Extension may only be availed of only
after the lapse of the original period
d) Each period of extensions shall NOT
exceed 10 years
e) Perpetual prohibition is void
f) By stipulation of the parties a
resolutory condition shall terminate
the co-ownership
SUCCESSION OR INHERITANCE
A testator may provide co-ownership for 20
years
It may be partitioned even within the 20 year
period as long as any ground for the
dissolution of partnership exists.
PRESCRIPTION N FAVOR OF CO-OWNERS
AGAINST THE OTHER CO-OWNERS
GR: One co-owner cannot acquire the whole
property as against the other co-owners.
Only true so long as the co-owner concerned
expressly or impliedly recognizes the coownership.
XPN: A co-owner can become the exclusive
owner of the others share by prescription
provided that certain requirements are
complied with, namely:

1. He must make known that he is

repudiating the co-ownership and
claiming complete ownership over the
co-owned property.
2. The evidence of repudation and
knowledge of the other co-owners
must be clear and convincing.
3. Continuous, open, peaceful, public and
adverse (COPA) occupation for the
period of time required by law.
4. The period of prescription shall run
only from such repudiation of coownership.
Better rule is that a constructive trust
or implied trust can prescribe in 5
years.
REQUIREMENT: DEFINITE REPUDIATION
495 PARTITION OF AN IDIVISIBLE OBJECT
NO PARTITION CAN BE ASKED FOR IF IT
RENDERS THE THING UNSERVICEABLE
Remedy Art. 498: Assign the thing to a coowner who shall indemnify the others or it
shall be sold and the proceeds thereof are to
be distributed.
496 CLASSIFICATION OF PARTITION
Cause
1. extrajudicial
2. judicial (court approval)
Permanence
1. Provisional or temporary
2. Permanent
Subject matter
1. Real
2. Personal
Forms and Solemnities
1. Judicial decree
2. registered in the Registry of Property
3. Public instrument
4. Private instrument
5. Oral Partition
Laws Governing Partition
1. Civil Code
2. Rules of Court
Sanchez v. CA (Rules of Partition)

1. Decedent left no will

2. Decedent left no debts, or if there
were they were already paid.
3. Heirs and liquidators are all of legal
age, or if there are minors they are
represented by their judicial guardian
or legal representative.
4. Partition was made by means of a
public instrument or affidavit duly filed
with the Register of Deeds.
Judicial Partition
a) Complaint must indicate the nature
and extent of title and an adequate
description of the real estate. He must
join as DEFENDANTS all the other
persons interested in the property.
b) All co-owners and interested persons
must be made defendants otherwise
the action will not prosper
c) If
a
co-owner
is
dead
his
administrators or heirs may bring the
action
d) Insufficiency of description is curable,
during the trial
e) If there has already been partition,
there can be prescription
f) If any of the party denies the
undivided character of the property
and claims exclusive title thereto, the
action for partition is not proper as it
becomes one for the recovery of
property. Ownership must first be
determined prior to partition.
The law does not expressly require that a
partition be effected through a public
instrument.
Partition- there is no change of ownership
but a mere designation and segregation of
the part that rightfully belongs to each coowner is made.
Partition entered into a private instrument is
binding between parties but it is not
sufficient to convey title or any real right on
the land, further, it does not bind third
parties. Creation, transmission, modification
and the like of real right over immovable
property must appear in a public instrument.
Remedy: Compel the other party the form
required by law, as the contract is valid or
enforceable.
Failure to agree on partition
-

The court shall appoint not more than

3
disinterested
persons
as
commissioners to make the partition/
Decision
directing
partition
is
interlocutory
Trial, proceedings, appointment of
commissioners etc.
Not effective until approved by the
court

Parties shall pay the cost including the

compensation of the commissioners

Delivery is necessary and indispensable to

carry into effect the purpose of the partition.
Partition cannot be converted into the
settlement of estate of a deceased person.
Rule in Partition Sales
-

Failure to pay would enable the sheriff

to sell the property on the same day
without readvertising.
Valid
and
binding
only
upon
confirmation of the court, prior to that
the bidder acquires no contractual
right.
Partition renders almost conclusive
questions of possession and ownership
over the property (future judicial
predetermination shall be precluded)
Assailing of the partition after 25 years
constitutes laches- negligence or
omission to assert a right within a
reasonable
time
amounts
to
abandonment.

Partition may be adjudged in a land

registration case
It is a proceeding in rem and is conclusive
upon the title of the land and is binding on
the entire world. Subsequent action is barred
by RES JUDICATA.
Partition does not prescribe.
497
GR: A creditor is not allowed to impugn the
partition already executed.
XPN:
a) He was defrauded
b) Has previously presented a formal
opposition to prevent it.
Applies to all creditors during the existence
of the co-ownership, not before or after.
Participation of creditors in a partition
It depends:
A. If the co-owner sold his WHOLE share
and
delivered
the
same.
The
CREDITOR shall participate as a coowner.
B. If only a portion has been sold or the
entire share without delivery both the
CO-OWNER and CREDITOR are allowed
to participate.
Notice to CREDITORS must be given even
though it was not expressly provided by law.
In case of FRAUD, the court shall remand the
case to the cadastral court.

498 Legal or juridical dissolution

Indivisible thing and the co-owners cannot
agree that it be allotted to one of them who
shall indemnify the others, it shall be sold
and its proceeds distributed.
Procedure
A. Give the whole to one co-owner who
shall indemnify the rest.
B. If not agreed upon, it must be sold in a
public sale (auction or private sale).
This also applies to things that are divisible
499 PROTECTION OF THIRD PERSONS
RIGHTS REAL AND PERSONAL
Ex. mortgage, servitude etc.
Third person refers to any person who did
not participate in the partition.
Interests of all persons must be considered.
500 After partition mutual accounting
of
benefits
received
and
reimbursements for expenses made
including damages caused by reason of
fraud or negligence.
A. Mutual
accounting
for
benefits
received
B. Mutual reimbursement for expenses
C. Indemnity for damages in case of
negligence or fraud
D. Reciprocal warranty for
1. Defects of title (eviction)
2. Quality (hidden defects)

No warranty if there is a contrary stipulation

or if the eviction is due to fault of co-owner
evicted.
E. Each former co-owner is deemed to
have had exclusive possession of the
part allotted to him for the entire
period during which the co-possession
lasted
F. Partition confers upon each, the
exclusive title of his respective share.
There must be a subdivision plan drawn.
Actual possession and erection of structures
is not deemed as repudiation.
501 RECIPROCAL WARRANTY
Both must bear the loss after partition
because there is a mutual or reciprocal
warranty against eviction.
Modes of Extinguishing Co-Ownership
A.
B.
C.
D.
E.
F.
G.

Judicial partition
Extrajudicial partition
Prescription by co-owner
Prescription by stranger
Merger
Loss or destruction
Expropriation (indemnity
distributed accordingly)

shall

be

or

the

POSSESSION
523. Definition of possession
Holding or control of a thing
enjoyment (exercise) of a right.