This case has been cited 2 times or more.
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2014-11-19 |
LEONEN, J. |
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| If the alienation precedes the partition, the co-owner cannot sell a definite portion of the land without consent from his or her co-owners. He or she could only sell the undivided interest of the co-owned property.[82] As summarized in Lopez v. Ilustre,[83] "[i]f he is the owner of an undivided half of a tract of land, he has a right to sell and convey an undivided half, but he has no right to divide the lot into two parts, and convey the whole of one part by metes and bounds."[84] | |||||
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2001-01-29 |
PUNO, J. |
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| At the time of filing of the complaint for expropriation, the lots subject of this case were owned in common by respondents. Under a co-ownership, the ownership of an undivided thing or right belongs to different persons.[37] During the existence of the co-ownership, no individual can claim title to any definite portion of the community property until the partition thereof; and prior to the partition, all that the co-owner has is an ideal or abstract quota or proportionate share in the entire land or thing.[38] Article 493 of the Civil Code however provides that:"Art. 493. Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved. But the effect of the alienation or the mortgage, with respect to the co-owners shall be limited to the portion which may be allotted to him in the division upon termination of the co-ownership."[39] Before partition in a co-ownership, every co-owner has the absolute ownership of his undivided interest in the common property. The co-owner is free to alienate, assign or mortgage his interest, except as to purely personal rights.[40] He may also validly lease his undivided interest to a third party independently of the other co-owners.[41] The effect of any such transfer is limited to the portion which may be awarded to him upon the partition of the property.[42] | |||||