A Legal Analysis within the Philippine Jurisdiction
In the Philippines, the death of a decedent triggers the immediate transmission of the estate to the heirs. However, before the estate is formally partitioned, the heirs exist in a state of co-ownership. This period—often lasting years—frequently sees one heir constructing a house or structure on a specific portion of the undivided land.
Understanding the legal standing of such an act requires an analysis of the Civil Code of the Philippines, specifically the provisions on Succession and Co-ownership.
1. The Nature of the Heir’s Interest
Upon the death of the predecessor, the rights to the succession are transmitted from the moment of death (Art. 777, Civil Code). Before a formal Deed of Extrajudicial Settlement or a judicial decree of partition is executed, the property is owned pro indiviso (undivided).
- The Aliquot Share: Each heir owns an undivided interest in the whole property. While they own a specific percentage (e.g., 1/4 of the land), they do not own a specific physical square meter of the land.
- The Right to Use: Under Article 486, every co-owner may use the thing owned in common, provided they do so in accordance with its purpose and in a manner that does not injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights.
2. Building on Undivided Land: Acts of Administration vs. Alteration
The law distinguishes between simple use and making permanent changes to the property.
Acts of Alteration (Article 491)
Building a permanent structure (like a concrete house) is considered an act of alteration. The Civil Code is strict on this:
"None of the co-owners shall, without the consent of the others, make alterations in the thing owned in common, even though benefits for all would result therefrom."
If an heir builds on the land without the express or implied consent of the other co-owners, they are technically acting in bad faith regarding the rights of their co-heirs.
The Consent Requirement
Consent does not always have to be a written contract. It can be tacit. If the other heirs know about the construction and do not object, their silence may be construed as implied consent, which protects the building heir from being summarily ordered to demolish the structure.
3. The Rights of the "Builder" Heir
If an heir builds on the property before partition, the legal consequences depend on the eventual result of the partition.
The "Aka" Principle
If, during the eventual partition, the portion where the house was built is assigned to the heir who built it, the problem is moot. The ownership of the land and the building merge in one person.
When the Land is Awarded to Another Heir
If the land occupied by the house is partitioned and awarded to a different heir, the rules on Builders in Good Faith or Bad Faith (Articles 448-450) apply:
- Good Faith: If the heir believed they had the right to build or had the consent of the others, the "new" owner of that lot has two options:
- To appropriate the building after paying the proper indemnity (reimbursement of expenses).
- To oblige the builder to pay the price of the land (if the value of the land is not considerably more than the building).
- Bad Faith: If the heir built despite the objections of the others, they may lose the building without indemnity, or be forced to demolish it at their own expense.
4. Key Limitations and Prohibitions
Heirs must be aware of the following limitations during the state of co-ownership:
- Exclusivity: An heir cannot exclude other heirs from the rest of the property just because they built a house on a portion of it.
- Prescription: Generally, prescription does not run in favor of a co-owner against their co-heirs. Building a house does not necessarily mean the heir is now "owning" that specific spot via adverse possession, as their possession is generally deemed to be on behalf of all co-owners.
- The Right to Demand Partition: Under Article 494, any co-owner can demand the partition of the estate at any time. The presence of a house built by one heir cannot legally prevent the partition of the property.
5. Summary Table: Legal Scenarios
| Scenario | Legal Status | Remedy/Outcome |
|---|---|---|
| Building with consent | Lawful Alteration | Builder is treated as a "Builder in Good Faith." |
| Building without consent | Unauthorized Alteration | May be forced to demolish or pay damages under Art. 491. |
| House falls on builder's lot | Full Ownership | No legal conflict. |
| House falls on another's lot | Accession Rights | Options under Art. 448 (Buy-back or land sale). |
Conclusion
While an heir has the right to possess and use inherited property, the right to build is qualified by the rights of the other co-heirs. The safest legal course is always to execute a Partial Partition or obtain a Written Waiver/Consent from all co-heirs before commencing any permanent construction. This prevents future litigation and ensures that the investment made in the structure is legally protected regardless of how the land is eventually divided.