Académique Documents
Professionnel Documents
Culture Documents
| D2019
Situation
Legal redemption
To whom granted
Action
Period
Co-owner
Shares of all the other coIf 2 or more co-owners desire to
owners or any of them in
exercise the right
a thing owned in
! may only do so in proportion
common are sold to third
to the share they may
person
respectively have in the thing
owned in common
Redemption
from
subsequent
purchaser
Pre-emption
or purchase
the property
before others
Redemption
or purchase
the property
from another
buyer
Redemption
from
subsequent
purchaser
Adjoining owner of a
In case a rural land is sold
rural land
to a stranger*
Order of preference
Owner with smaller
*Cannot be exercised
land area
against a fellow adjacent
If same area, then the
owner
one who first requested
the redemption
Adjoining owner of
urban land
Order of preference
One whose intended
use of the land in
question appears best
justified
Applicant
His widow
His legal heirs
Requisites
There must be co-ownership
of a thing
There must be alienation of
all or of any of the shares of
the other co-owners
Sale must be to a third
person or stranger
Must be before partition
Payment is not grossly
excessive ! if not, co-owner
shall pay only a reasonable
one
All lands must be rural lands
Lands must be adjacent to
each other
A piece of rural land* is
alienated
Area does not exceed 1
hectare
Buyer must already own
other rural lands
In writing
By the seller
Of the actual execution
and delivery of the deed
of sale
AQUILIZAN | D2019
Legal redemption
Exception:
Land is sold to another member
of the family of the applicant, or
his direct descendant or heir
In case a credit or
incorporeal right in
litigation is sold
In case of extrajudicial
*Free patent or homestead
Lands covered are alienable
public lands
a free patent/homestead
title provides equitable
ownership of the land
provided 1/5 of the land is
cultivated continuously
title remains with the
government
Assignee is reimbursed for the
Price paid
Judicial expense incurred
Interest on the price from
the date of payment
Assignment is NOT in favor of
Co-heir/co-owner of right
assigned
Creditor in payment of his
credit
Possessor of a tenement or
piece of land which is
subject to the right assigned
Debtor
Taxpayer
Judgment debtor
Successors-in-interest
Creditor with
subsequent lien
Debtor-mortgagor
AQUILIZAN | D2019
foreclosure of mortgage
Legal redemption
Successors-in-interest
Judicial/judgment
creditor
Any person having a lien
on the property
In case of judicial
foreclosure of real estate
mortgage IF the
mortgagee is a bank or a
banking institution
Debtor-mortgagor
If there are 2 or more
agricultural lessee
! each shall be entitled to said
right of redemption only to the
extent of the area actually
cultivated by him