Huwebes, Oktubre 13, 2011

Article 486



Art. 486. Each co-owner may use the thing owned in common, provided he does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights. The purpose of the co-ownership may be changed by agreement, express or implied. (394a)

Right to use property owned in common, This article grant each co-owner the right to use property for the purpose intended. But the interest of the co-ownership must not be injured on prejudiced and the other co-owner must not be prevented from using it. For example, A and B owned in common a two story house.The upper floor has used as a dwelling, the lower was available for rent by stores,if A lives in a room of the upper floor,and uses a room of the lower floor as an office,can B demand rent?No rent rent for the upper floor can be demanded for A was exercising her rights as co-owner without prejudicing B who,she wanted could have also lived in another room of said floor and who therefore could not have been prejudiced.Half rental maybedemanded for the use of lower floor.Rent could be ask because others could have rented same,but only half should be given because A was a co-owner.

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