The right to seek partition; Adverse possession by co-owner
The right to seek partition is imprescriptible and cannot be barred by laches. The only exception to the imprescriptibility of an action for partition against a co-owner is when a co-owner repudiates the co-ownership. (Monteroso vs. Court of Appeals)
In order that a co-owner’s possession may be deemed adverse to that of the cestui que trust or the other co-owners, the following elements must concur: (Heirs of Jose Reyes, Jr. vs. Reyes, 2010)
[1] The co-owner has performed unequivocal acts of repudiation of the co-ownership amounting to an ouster of the cestui que trust or the other co-owners;
[2] Such positive acts of repudiation have been made known to the cestui que trust or the other co-owners;
[3] The evidence on the repudiation is clear and conclusive; and
[4] His possession is open, continuous, exclusive, and notorious.
[2] Such positive acts of repudiation have been made known to the cestui que trust or the other co-owners;
[3] The evidence on the repudiation is clear and conclusive; and
[4] His possession is open, continuous, exclusive, and notorious.
