Construction of a house on another’s land does not create co-ownership

Construction of a house on another’s land does not create co-ownership "I bought a parcel of land with an area of 600 square meters located in Laoag City in August 2009. A Transfer Certificate of Title covering the said lot was issued solely under my name. Subsequently, my girlfriend came home from the United States, and financed the construction of a house on my lot. I asked her to move out of the house when I broke up with her last month. She is now claiming that we are co-owners of my property. Is her contention correct? What will happen to the house built on my land? Please advise me. Thank you in advance. VinceDear Vince, To answer your question, we shall refer to the following provisions of the New Civil Code, to wit:“Article 448. The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate as his own the works, sowing or planting, after payment of the indemnity provided for in articles 546 and 548, or to oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent. However, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof. “Article 546. Necessary expenses shall be refunded to every possessor but only the possessor in good faith may retain the thing until he has been reimbursed therefor.“Useful expenses shall be refunded only to the possessor in good faith with the same right of retention, the person who has defeated him in the possession having the option of refunding the amount of the expenses or of paying the increase in value which the thing may have acquired by reason thereof. “Art. 548. Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby, and if his successor in the possession does not prefer to refund the amount expended. xxx xxx xxx”The Supreme Court in the case of Rosario Victoria and Elma Pidlaoan vs. Normita Jacob Pidlaoan, et al. (GR 196470, April 20, 2016), through former Associate Justice Arturo Brion elucidated:“We hold that mere construction of a house on another’s land does not create a co-ownership. Article 484 of the Civil Code provides that co-ownership exists when the ownership of an undivided thing or right belongs to different persons. Verily, a house and a lot are separately identifiable properties and can pertain to different owners xxx xxx xxx. The Civil Code provides that if a person builds on another’s land in good faith, the land owner may either: (a) appropriate the works as his own after paying indemnity or (b) oblige the builder to pay the price of the land. The law does not force the parties into a co-ownership. A builder is in good faith if he builds on a land believing himself to be its owner and is unaware of the defect in his title or mode of acquisition.” (Emphases supplied)Applying the jurisprudence and the provisions in your situation, your ex-girlfriend’s construction of a house on your lot did not create co-ownership. She may recover her house or its value since the construction of the house was made with your consent. You, as the landowner, may either appropriate the house as your own after paying for its value and for indemnity and oblige her to pay the price of the land or to pay rent. We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to ." - https://www.affordablecebu.com/