Legal Redemption

1. Concept

Legal redemption is the right to be subrogated upon the same terms and
conditions stipulated in the contract, in the place of one who acquired a thing by
purchase, or dation in payment, or by any other transaction whereby the
ownership is transmitted by onerous title. Thus, the right is not available if the
transfer of ownership is by gratuitous title.

2. Instances of legal redemption

A. Legal redemption by co-owner

A co-owner of a thing may exercise the right of redemption in case the

shares of all the other co-owners or of any of them, are sold to a third person.
(Such is the rule in order to reduce the number of co-owners since co-
ownership is not favored upon).

If two or more co-owners desire to exercise the right of redemption, they

may only do so in proportion to the share they may respectively have in the
thing owned in common.

B. Legal redemption by adjoining owner of rural land

If a piece of rural land not exceeding one hectare is alienated, the

adjoining owner shall have the right of legal redemption unless the grantee
does not own any rural land.

Rule if two or more adjoining owners desire to exercise the right of

redemption:

1) The owner of the adjoining land of smaller area shall be preferred.

2) If both lands have the same area, the one who first requested the
redemption, shall be preferred.
When right not available
If adjacent lands are separated by brooks, drains, ravines, roads and other
apparent servitudes for the benefit of other estates.
C. Legal redemption by adjoining owner of urban land
 If a small piece of urban land which was bought for speculation has been
resold, the owner of the adjoining land has a right of redemption at a
reasonable price.

Right of pre-emption by adjoining owner

If such small piece of urban land is about to be resold, the adjoining owner
shall have the right of pre-emption at a reasonable price.

Rule if two or more adjoining co-owners wish to exercise the right of

redemption or pre-emption

Preference shall be given to the owner whose intended use of the land in
question appears best justified.

3. Period of pre-emption or redemption

A. Pre-emption Within 30 days from written notice by prospective vendor.

B. Redemption Within 30 days from written notice by vendor.