The land which is the subject of legal pre-emption or
redemption should first be identified whether it is classified
as a rural or urban land because the rules pertaining to the
legal pre-emption or redemption of both lands are not the
same.
RURAL LAND- land used for agricultural or pastoral
purposes.it is principally used for the purpose of obtaining
products from the soil.
ADJOINING LANDOWNERS OF RURAL LAND
(ART. 1621)
-owners of adjoining lands have the right of redemption
when a piece of rural land which does not exceed 1 hectare is
alienated, unless the vendee does not have any rural land.
-this right of redemption does not apply to adjacent lands
which are separated by brooks, drains, ravines, roads and
other apparent servitudes for the benefit of another estate.
PURPOSE OF THE GRANT OF RIGHT TO OWNERS OF
ADJOINING RURAL LANDS
- to benefit adjacent owners who are interested in preserving
the integrity of their respective properties and making use of
the alienated land for the improvement and development of
their own lands
- to avoid difficulties in cultivation
- to protect agriculture, by the union of small agricultural
lands and those adjoining thereto under one single owner for
their better exploitation. To encourage the maximum
development and utilization of agricultural lands.
TO WHOM AVAILABLE
- the right of redemption given to adjoining owner is
available only to owners of rural land adjacent to the rural
land sold
AGAINST WHOM AVAILABLE
- the right of redemption by adjacent owners cannot be
exercised against a vendee if he is also an adjacent owner. It
can be exercised only against strangers.
- the last paragraph of Art. 1621 refers to a situation where
the vendee of a piece of rural land is not an adjoining owner.
Ex. Kamil sold to Queenie, an adjacent owner, a parcel of
rural land. Kim, another adjacent owner wants to redeem the
land sold to Queenie.
- Kim cannot exercise the right of redemption because
Queenie, the vendee, is an adjacent owner.
ORDER OF REDEMPTION WHEN THERE ARE TWO OR MORE
REDEMPTIONERS:
a. The owner of the adjoining land of smaller area
shall be preferred
b. If the areas are the same, the first one who
requested for redemption
NOT APPLICABLE TO URBAN PROPERTIES
• The right of redemption for adjacent owners exists
only when both the land of the one exercising the
right of redemption and the adjacent property
sought to be redeemed are rural lands.
REQUISITES FOR THE EXERCISE OF THE RIGHT UNDER ART.
1621:
1) Both the land of the one exercising the right of
redemption and the land sought to be redeemed
must be rural;
2) The lands must be adjacent;
3) There must be an alienation
4) The piece of rural land alienated must not exceed 1
hectare
5) The grantee or vendee must already own any other
rural land; and
6) The rural land sold must not be separated by
brooks, drains, ravines, roads and other apparent
servitudes from the adjoining lands.
When the land exceeds 1 hectare, the adjacent
owner are not given the right of legal redemption
because this may lead to the creation of big landed
estates.
ADJOINING LANDOWNERS OF URBAN LANDS
(ART. 1622)
URBAN LAND- principally used for residential purposes.
For dwelling, industry or commerce.
CONDITIONS OR REQUISITES FOR THE PROVI TO APPLY
a. The land must be urban
b. The size of the land is so small that it cannot be used for
any practical purpose within a reasonable time
c. Such small urban land was bought merely for
speculation
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
.