Case Digests

IGNAO V. IAC 193 SCRA 17

IGNAO V. IAC

193 SCRA 17

 

FACTS:

An action for partition was filed but this didn't prosper.  A case was then filed alleging that the house was occupying more than the share in the lot.   
 

HELD:

When  co-owned  estate  is  partitioned,  it  is  the  co-owner  whose  portion  is encroached  upon  who  has  the  option  to  sell  that  portion  or  buy  the improvement.

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