Hi,

We are 3 siblings and heirs of a house and lot. A year after our father died, our eldest told us that he intends to renovate our parents house at his own expense for all of us to use as vacation house as we are all living in the city. Instead of renovating, he put the whole house to the ground and built a new one.

After the house was built, we found out that the house declaration was changed to our eldest name which he did himself without our consent. The land title is still in the name of our deceased parents.

A friend informed me that our eldest could claim the ownership of both land and house after 30 years. If this is true, how can we stop it?

Thanks for any input.
nebur

If the house and lot is part of the estate of the deceased and is unpartitioned, it is co-owned by you and your siblings. Any improvement on the property borne by only one co-owner does not confer ownership to him.

In your case, you allowed the improvement, so it automatically operates that all of your siblings is obliged to pay your older brother your pro rated share in the improvement.

For the 30 years prescription to operate, there must be open, continuous, and adverse possession of the property (sorry if I can't remember the verbatim text of the law) and if a person is aware of the co-ownership. he cannot declare adverse possession.

This is what I remember, hope this help and I am asking for other member to shed some light on this case because I am a bit rusty on this aspect