Short answer. You have ten years from the date your right of action accrues to bring an action to enforce the warranty among heirs. This is the specific prescriptive period the Civil Code sets for this particular kind of claim between co-heirs after a partition.
What the law says
An action to enforce the warranty among heirs must be brought within ten years from the date the right of action accrues.
Civil Code, Article 1094 — Ten Years to Enforce Warranty. Read the full provision →
The period and what it covers
Where co-heirs partition an estate, each heir generally warrants to the others that the property assigned in the partition is what it was represented to be. This article gives a specific, dedicated prescriptive period for an action to enforce that warranty among heirs: ten years. This is a fixed rule for this particular kind of claim, rather than something left to whichever general prescriptive period might otherwise seem to apply to co-heirs' disputes.
The trigger: accrual, not the date of partition
The ten years is counted from the date the right of action accrues — the point when the basis for the warranty claim actually arose and could be acted upon — rather than automatically from the date the partition itself took place. Depending on the nature of the defect or deficiency the warranty is meant to cover, accrual could occur at partition or only later, once the problem underlying the claim actually surfaces.
Why a dedicated period exists for this claim
Warranty among heirs is a distinct legal relationship created specifically by the act of partitioning an estate — it is not quite the same as an ordinary contractual warranty between a buyer and seller, nor is it a claim on a written contract or an obligation created by some unrelated law. Giving it its own ten-year rule, rather than leaving co-heirs to argue over which general prescriptive category their dispute falls into, removes that layer of uncertainty for a situation that recurs often enough in estate settlements to warrant a rule of its own.
What this article does not resolve
This provision fixes only the length of the period and its starting trigger — accrual of the right of action. It does not itself define what conduct or defect gives rise to a warranty claim among heirs in the first place, nor does it address how the partition can otherwise be challenged on other grounds, such as fraud or a defect in the partition agreement itself, which may carry different rules and different periods. If your dispute rests on a different theory than the reciprocal warranty this article addresses, this ten-year period is not necessarily the one that governs your claim.