BASA VS AGUILAR

This Court has unequivocally ruled that the right of redemption may
be availed of by a co-owner, only when the shares of the other
owners are sold to a third person. Legal redemption is in the nature
of a privilege created by law partly for reasons of public policy and
partly for the benefit and convenience of the redemptioner, to
afford him a way out of what might be a disagreeable or [an]
inconvenient association into which he has been thrust. (10
Manresa, 4th. Ed., 317.) It is intended to minimize co-ownership. The
law grants a co-owner the exercise of the said right of redemption
when the shares of the other owners are sold to a third person
SPS DEL OCAMPO V ABESIA
DOCTRINE: When land is co-owned by two parties, but the co-
ownership is terminated, Article 448 governs in case real property
(like a house) encroaches the land of another. This is provided that
good faith exists.
DELIA BAILON CASILAO VS CA
What are the effects of a sale of the whole property without the
consent of the others, or if they do not give consent?
Oliveros v. Lopez 168 SCRA 431
DOCTRINE: Under Article 494 and 1083 of the Civil Code, co-
ownership of an estate should not exceed twenty years, while the
agreement to keep a thing undivided should not exceed ten years.
When parties stipulated a definite period to keep a thing undivided
which exceeds the maximum allowed by law, said stipulation shall
be void only as to the period beyond such maximum. Thus, co-
ownership of an estate cannot exceed twenty years so property
should be divided after twenty years. Each co-owner may demand at
any time the partition of the thing owned in common insofar as his
share is concerned. Article 494 specifically mandates that each co-
owner may demand at any time the partition of the thing owned in
common insofar as his share is concerned.
TAGARAO VS GARCIA
Every co-pwner is the absolute owner of his part although the effect
of disposal is limited to his share upon partition. Any of the co-
owners also has a right to partition,

a.) The sale will affect only the share of the selling co-owner or co-
owners but not those of the other co-owners who did not give
consent to the sale;
b.) The co-owners may seek a partition of the thing or property;
c.) Laches (a principle of law wherein a party asserts that an
opposing party has "slept on its rights’) may not stop the other co-
owners from claiming their rights on the co-ownership if they are
unaware of the sale and there is absence of opportunity to oppose
or take proper action;