Supreme Court rules on co-owned land possession disputes

The Supreme Court issued a ruling clarifying the legal status of possession when one co-owner occupies an entire parcel of shared land. The decision establishes that such occupation is generally considered to be on behalf of other owners within the scope of their respective shares unless special circumstances exist.

An exception applies when co-owners believe they hold exclusive title to specific portions and have completed ownership registration for those areas based on approximate square footage. In these instances, possession cannot be deemed held on behalf of others, even if the registry still lists them as co-owners of the whole.

However, if a former co-owner continues to occupy a portion that has become the sole property of another owner following partition procedures, that possession reverts to being held on behalf of the new sole owner absent any special conditions.

Delivered in case 2024Da229053, the judgment resolves conflicting interpretations regarding Articles 197, 245 and 262 of the Civil Code concerning adverse possession claims among co-owners.