Q. Please help me what to do concerning my problem of the land which my deceased parents left us.
The total land in question has an area of about 14 hectares. This property is still in the process being partition as we are still awaiting the approval of the subdivision plan from the Bureau of Lands.
My problem is that my co-heirs are not concerned with their responsibilities. They refused to contribute to the cost and expenses in the subdivision and partition of the land. They also refused to share in the payment of taxes.
What I want to just get my share of the property out from the mother title of the land, since I am the only one who is religiously paying for the taxes and expenses. I want share to have a separate title from the mother title of the whole property that we have inherited. What will I do Atty.? Thanks.CG
Ans: Hello there, based on your narratives, the 14-hectare land is now the subject of being subdivided amongst the co-heirs and is now awaiting for the approval of the subdivision plan by the Bureau of Lands (now the Land Management Bureau). This is actually the first step in having your share as well as that of your co-heirs/co-owners taken out of the mother title. You are in the right track.
Once, the land is subdivided into several lots representing the respective shares of the heirs/co-owners, the next step is for you and your co-heirs/co-owners, come out and execute a Deed of Extrajudicial Settlement of Estate with Deed of Partition which among others, covers the 14- hectare land in question.
With the partition and the subdivision of the 14-hectare land into several lots, this paves the way towards the segregation of the lots from the mother title including your share. However, before you can proceed to the whole processes, the law requires that all taxes, including arrears, penalty, charges, fees, and other assessment, if any, must be paid first to the government. This you’re the dilemma. As you said your co-heirs refuses to share and contribute to the cost and expense.
Under the law, every co-owner has the obligations to share not only in the payment of the corresponding taxes due thereon but also to such other expense relative to the preservation and maintenance of the property co-owned by them.
For this purpose, any co-owner could pay whatever expenses including the taxes and other fees due thereon, subject to the full reimbursements from the other co-owner(s). Just keep track of the receipts of what you have paid for future reference and as your basis to demand reimbursements from your co-owners. And should they refused, you can bring them to court for sum of money and damages if only to protect your rights and interest under the law.
Looking forward you’ll find the above in order. Welcome the “Batas Piney Global Community”!
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