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The land which is the subject of legal pre-emption or

redemption should first be identified whether it is classified ORDER OF REDEMPTION WHEN THERE ARE TWO OR MORE
as a rural or urban land because the rules pertaining to the REDEMPTIONERS:
a. The owner of the adjoining land of smaller area
legal pre-emption or redemption of both lands are not the
shall be preferred
same.
b. If the areas are the same, the first one who
requested for redemption
RURAL LAND- land used for agricultural or pastoral
purposes.it is principally used for the purpose of obtaining
products from the soil.
NOT APPLICABLE TO URBAN PROPERTIES
ADJOINING LANDOWNERS OF RURAL LAND • The right of redemption for adjacent owners exists
(ART. 1621) only when both the land of the one exercising the
-owners of adjoining lands have the right of redemption right of redemption and the adjacent property
when a piece of rural land which does not exceed 1 hectare is sought to be redeemed are rural lands.
alienated, unless the vendee does not have any rural land.

-this right of redemption does not apply to adjacent lands REQUISITES FOR THE EXERCISE OF THE RIGHT UNDER ART.
which are separated by brooks, drains, ravines, roads and 1621:
other apparent servitudes for the benefit of another estate. 1) Both the land of the one exercising the right of
redemption and the land sought to be redeemed
PURPOSE OF THE GRANT OF RIGHT TO OWNERS OF must be rural;
ADJOINING RURAL LANDS 2) The lands must be adjacent;
- to benefit adjacent owners who are interested in preserving 3) There must be an alienation
the integrity of their respective properties and making use of 4) The piece of rural land alienated must not exceed 1
the alienated land for the improvement and development of hectare
their own lands 5) The grantee or vendee must already own any other
- to avoid difficulties in cultivation rural land; and
- to protect agriculture, by the union of small agricultural 6) The rural land sold must not be separated by
lands and those adjoining thereto under one single owner for brooks, drains, ravines, roads and other apparent
servitudes from the adjoining lands.
their better exploitation. To encourage the maximum
development and utilization of agricultural lands.
When the land exceeds 1 hectare, the adjacent
owner are not given the right of legal redemption
TO WHOM AVAILABLE because this may lead to the creation of big landed
- the right of redemption given to adjoining owner is estates.
available only to owners of rural land adjacent to the rural
land sold

AGAINST WHOM AVAILABLE ADJOINING LANDOWNERS OF URBAN LANDS


- the right of redemption by adjacent owners cannot be (ART. 1622)
exercised against a vendee if he is also an adjacent owner. It
can be exercised only against strangers. URBAN LAND- principally used for residential purposes.
- the last paragraph of Art. 1621 refers to a situation where For dwelling, industry or commerce.
the vendee of a piece of rural land is not an adjoining owner.
CONDITIONS OR REQUISITES FOR THE PROVI TO APPLY
Ex. Kamil sold to Queenie, an adjacent owner, a parcel of a. The land must be urban
b. The size of the land is so small that it cannot be used for
rural land. Kim, another adjacent owner wants to redeem the
any practical purpose within a reasonable time
land sold to Queenie. c. Such small urban land was bought merely for
- Kim cannot exercise the right of redemption because speculation
Queenie, the vendee, is an adjacent owner. d. The land is about to be resold or that its resale has been
perfected

TO SPECULATE- to enter into a business transaction or


venture from which the profits or return are conjectural
because the undertaking is outside the ordinary course
of business, to purchase or sell with the expectation of
profiting by anticipated, but conjectural fluctuations in
price.

RIGHTS RECOGNIZED
1. Pre emption- Act or right of purchasing before others
- to be effected before the sale.
- The priority right of buying the land about to be sold
2. Legal redemption- to be effected after the sale
- results in rescission of the sale

PURPOSE OF THE GRANT OF RIGHT


- to discourage speculation in real estate and the consequent
aggravation of the housing problems in centers of
population.

PRIORITY RIGHT: when 2 or more adjoining owners wish to


exercise the right of redemption or pre-emption, the owner
whose intended use of the land is best justified shall be
preferred
.