SC rules on sale of co- owned real estate property

A co-owner of a real estate property must give written notice to the other co-owners before selling his or her portion of the property, the Supreme Court (SC) said.

- By REY G. PANALIGAN

However, the SC said if the co-owners knew about the sale and they did not exercise their right to buy the sold portion of the land within 30 days, the written notice is no longer required.

In a decision written by Chief Justice Alexander G. Gesmundo, the SC settled the legal dispute between two brothers and the buyer of a part of the land in Aparri, Cagayan that was sold by their aunt, their co-owner.

Brothers Antonio Jr. and Rafael Azurin and their aunt Adelaida Azurin Villanueva were co-owners of the land which was in possession of the siblings.

Adelaida sold her share of the land to Carlito Chua to whom a new title was issued after the whole property was surveyed and subdivided.

Chua filed a case before the Regional Trial Court (RTC) for the possession of the portion of the land he bought from Adelaida. The RTC ruled in favor of Chua.