Removal of Relatives Occupying Inherited Land Without Partition in the Philippines

“Co-heirs become co-owners the moment the decedent dies; no one may appropriate the inheritance to the exclusion of the others.” – Art. 493, Civil Code

1. Why this situation happens

Succession triggers automatic co-ownership. At death, a decedent’s properties pass pro indiviso to all heirs (Arts. 777, 778, 960 CC). Until the estate is partitioned, every heir owns an ideal or undivided share—not a specific parcel or room.
Physical control by one heir is common. A sibling may continue farming the land, build a house, or lease it out. So long as the others consent (expressly or tacitly), that possession is presumed lawful.
Conflict starts when consent ends. Refusal to share possession, fruits, or rent, or an act signaling exclusive ownership (“repudiation”) violates the other heirs’ rights and may justify legal action.

2. Governing legal framework

Source	Key points relevant to inherited property without partition
Civil Code (Arts. 487-500)	Defines co-ownership: equal right to whole but in proportion to shares; duty to contribute to taxes & repairs; right to demand partition anytime (Art. 494).
Rules of Court	Rule 74 – Extrajudicial settlement; Rule 69 – Judicial partition; Rules 70 & 62 – Ejectment (forcible entry / unlawful detainer) & accion publiciana.
Local Government Code, 1991 (RA 7160, ch. 7)	Disputes between residents of the same city/municipality require Katarungang Pambarangay mediation before filing most civil actions.
Estate Tax Laws	Estate tax (NIRC as amended, RA 10963) must be paid before titles can be transferred.
Jurisprudence	Numerous cases clarify co-ownership, prescription, and eviction (see § 9).
Penal Code	Usurpation or trespass (Arts. 312, 280 RPC) only when possession is taken by violence or stealth and property is not held in co-ownership.

3. Rights and duties while the land is still co-owned

Equal use and enjoyment – Each heir may use the whole property provided the use is “in accordance with the purpose of the co-ownership and in such a way as not to injure the interests” of the others (Art. 486).
Contribution to expenses – Taxes, necessary repairs, mortgage interest, etc., are shared pro-rata (Art. 488).
Fruits and rentals – Natural, industrial, or civil fruits belong to the co-owners proportionately (Art. 498). An occupying heir must account for them and may owe reasonable rent.
Disposition limits – Any heir may sell or mortgage only his undivided share; alienating the entire parcel without authority is void ab initio insofar as the shares of non-consenting co-heirs are concerned (Spouses Abalos v. Heirs of Gomez, G.R. 150635, 09 Mar 2005).
Improvements – A builder in good faith can remove useful improvements if this does not damage the principal thing, or demand reimbursement of useful and necessary expenses (Arts. 546-548).

4. When exclusive occupation becomes illegal

Clear act of repudiation – e.g., filing a title in one’s own name, fencing others out, collecting 100 % of rent and refusing to share.
Demand to vacate or share ignored.
Prescription starts only upon unequivocal repudiation made known to the other co-owners; before that, the occupant’s possession is presumed not adverse and cannot ripen into ownership, no matter how long (Heirs of Malate v. Gamboa, G.R. 170139, 22 Apr 2009).

5. Available legal remedies

Remedy	Appropriate when	Venue / prescriptive period	Requirements / notes
Demand letter	First step to settle	—	Must spell out rights, request accounting/rent, and set deadline to vacate or partition.
Barangay mediation	Parties reside in same LGU; civil dispute < P400,000	Punong Barangay → Lupon → Pangkat	Mandatory except when parties reside in different cities/municipalities, estate property lies elsewhere, or urgent court action needed.
Action for Unlawful Detainer (Rule 70)	Occupant initially allowed but now refuses to vacate; last demand ≤ 1 year ago	MTC/MeTC	File within 1 year from last written demand; focus is physical possession, not title.
Action for Forcible Entry (Rule 70)	Occupant entered by force, intimidation, threat, strategy, or stealth ≤ 1 year ago	MTC/MeTC	One-year period counted from entry (if stealth, from discovery).
Accion Publiciana	Possession dispute > 1 year but without title issues	MTC (if assessed value ≤ P300k/P400k*), otherwise RTC	10-year prescriptive period.
Accion Reivindicatoria (Recovery of ownership)	Occupant repudiates co-ownership, claims exclusive ownership	RTC	4 years (fraud) or 30 years (ordinary acquisitive prescription) only after unequivocal repudiation.
Action for Judicial Partition (Rule 69)	Heirs unable to agree on division	RTC (regardless of value)	Can include demand for accounting of fruits and rents.
Extrajudicial Settlement & Partition (Rule 74)	All heirs are of age (or duly represented), estate has no debts, & property uncontested	Register with Register of Deeds; publish once a week for 3 weeks in a newspaper; pay taxes	Fastest route; any heir may later file action to annul on grounds of fraud within 2 years.

* MTC jurisdictional threshold is P300 k outside Metro Manila; P400 k within.

6. Procedure to remove an occupying relative (typical timeline)

Gather proof
- Death certificate, OCT/TCT, tax declarations
- Birth/marriage certificates (to prove heirship)
- Photos, receipts, barangay certifications showing exclusive occupation, non-payment of rent, fruits, or taxes.
Send a written demand to vacate or to start partition
- State co-ownership and the legal bases (Art. 494 CC).
- Give a reasonable period (e.g., 15 days) to comply.
- Warn that failure triggers barangay mediation and court action.
Barangay conciliation (if applicable)
- File “Request for Mediation/Arbitration” with the Punong Barangay.
- If settlement fails after 15 days before the Pangkat, secure a Certification to File Action.
Choose and file the proper case
- Ejectment if the goal is quick recovery of possession (summary procedure; decision appealable to RTC then CA).
- Partition with accounting if long-term resolution is needed; court may order commissioners to subdivide or order sale & division of proceeds.
Ancillary reliefs
- Receivership (Rule 59) – neutral third party manages the land during litigation.
- Preliminary mandatory injunction to remove illegal structures or stop harvesting crops.
Post-judgment
- Sheriff enforces writ of demolition or ejectment.
- For partition, court approves commissioners’ report; new titles (CCTs) are issued for each heir.
- File estate-tax clearance and pay transfer fees.

7. Defenses commonly raised by the occupant

Prescription / acquisitive possession – Ineffective without prior repudiation.
Equitable rights – e.g., surviving spouse’s usufruct over family home (Art. 1541 CC) or rights under the Family Code.
Contribution and reimbursement – Claim for expenses on preservation or improvement (Arts. 546-548).
Statute of limitations – For ejectment, failure to sue within 1 year bars summary action (but not publiciana or reivindicatoria).

8. Criminal liability scenarios (rare but possible)

Offense	Elements	Notes
Qualified Trespass to Dwelling (Art. 280 RPC)	Entry against or over occupant’s will	Not applicable if accused is a co-owner of the very dwelling.
Usurpation of Real Rights (Art. 312 RPC)	Taking possession by violence or intimidation of land belonging to another	Courts require exclusive ownership in the offended party; doubtful where co-ownership exists.

Because co-owners each have title to every inch of the property, courts are reluctant to criminalize intra-family occupation; civil remedies are favored.

9. Leading Supreme Court decisions

Case	Citation	Doctrine
Heirs of Malate v. Gamboa	G.R. 170139, 22 Apr 2009	No prescription against co-owners until clear repudiation is communicated.
Spouses Abalos v. Heirs of Gomez	G.R. 150635, 09 Mar 2005	A co-owner may sell only his undivided share; buyer steps into shoes of seller.
Alonzo v. IAC	G.R. L-69820, 28 May 1987	Co-owner in tolerance is not a builder in good faith if warned before construction.
Jison v. CA	G.R. 124583, 29 Jan 1998	Accounting of fruits may be demanded from occupying co-heir; partition action can include money judgment.
Nazas v. Rustia	G.R. 217015, 05 Jun 2019	Court-ordered sale is proper when partition in kind is impracticable.
Arcenas v. Aglipay	G.R. 189171, 12 Jan 2016	Filing ejectment does not bar later partition; remedies are cumulative.

10. Practical tips for heirs

Keep estate documents in order. Pay real-property taxes yearly to avoid tax delinquency excuses.
Act promptly. The summary remedy of unlawful detainer is lost after one year.
Insist on formal settlement. An extrajudicial settlement—published and registered—prevents future hidden-heir claims and streamlines title transfers.
Consider alternative dispute resolution. Mediation at barangay or court-annexed mediation is cost-effective; family disputes often settle when neutral third parties are involved.
Account for expenses and fruits. Keep receipts for repairs, taxes, or improvements to avoid later disputes on reimbursement.
Watch for signs of repudiation. E.g., filing of sole tax declaration, inscription of adverse title; once discovered, send a written protest to stop the clock on prescription.
Seek professional guidance. Partition affects legitime, estate tax, and zoning rules; errors can lead to double taxes or void conveyances.

11. Frequently asked questions

Question	Short answer
Can I simply evict my sibling by calling the police?	No. Police treat it as a civil matter unless violence is ongoing. Follow demand → barangay → court.
Does living on the land for 30 years make the occupant the owner?	Not if the land is co-owned and there has been no clear, notorious repudiation of the others’ rights.
Can a co-owner lease the whole land to a third party without consent?	Yes, but lease binds only his undivided share; other co-owners may demand partition or annulment insofar as their shares are concerned.
Is estate tax clearance required before filing partition?	Courts entertain partition even without full tax payment, but titles will not transfer until taxes are settled.
What if one heir refuses to sign extrajudicial settlement?	File a judicial partition; the court will compel division or sale.

Conclusion

In the Philippines, heirs who find a relative squatting on inherited land must remember that the property remains under co-ownership until lawfully partitioned. Possession by one is tolerated, but cannot ripen into exclusive ownership without a clear, well-communicated repudiation.

The aggrieved heirs’ toolkit ranges from demand letters and barangay mediation to ejectment, partition, accounting, and even criminal complaints in extreme cases. Choosing the correct remedy—and filing it in time—determines whether the occupant stays or goes, and how quickly the estate can finally be settled.

Practical rule of thumb: If you want someone off inherited land, partition is the silver bullet; ejectment is the quick band-aid.

(This article provides general information only and does not constitute legal advice. Consult a Philippine lawyer for advice on specific facts.)