Question

E. Co-Ownership

Scenario 1:

John, Mark, and Sarah inherited a piece of land from their late grandfather. They decided to divide the land equally among themselves and build separate houses on their respective portions. However, they encountered a disagreement when it came to the installation of a perimeter fence. John insisted on a higher fence for added security, while Mark and Sarah preferred a lower fence to maintain open visibility. They cannot come to an agreement and seek legal advice.

Based on the Civil Code (Articles 484-501) and the Condominium Act (R.A. No. 4726, as amended), answer the following questions:

1. What is co-ownership according to the Civil Code? Discuss its essential characteristics and modes of acquisition.
2. Can the co-owners, in this scenario, individually and exclusively use and enjoy their respective portions of the land? Explain the rights and limitations of co-owners concerning the use and enjoyment of the co-owned property.
3. What legal remedies are available to resolve the disagreement between John, Mark, and Sarah regarding the installation of the perimeter fence?
4. Under the Condominium Act, can co-ownership be converted into a condominium corporation? Discuss the requirements and processes involved in the conversion.