The Legal Side of Real Estate

[rocco69]

Thank you po!! ff up question. what will happen if naka lagay na sa pnagalan ko ang title then mag hahabol sya? ako ba kakasuhan or yung asawa? what if the Video or picture is shown to the judge na hindi naman edited? please huwag po kayo mag sawa tumulong sa mga nangangailangan ng idvices nyo! thanks po

dahil ikaw na ang lumalabas na may-ari, kun ggusto niyang bawiin ang property, ikaw ang kakasuhan.

 

how to prove na hindi siya edited, that is the question.

magandang hapon po, kung ang isang lupa po ay ipamamana sa 4 na anak ano po ang pinaka maganda at less ang gastos na paraan?

deed of donation. di mo na kailangan dumulog sa hukuman, which would be the case kung gagawa ka ng last will (dahil sa probate - petition para patunayan na will nga talaga nung namatay yung will).

 

Kung ayaw mo pang bitiwan ang property, Deed of Donation with Usufruct (kung saan ang paggamit at pagpakinabang sa property ay nasa iyo pa rin, kahit mga anak mo na ang may-ari)

Edited May 13, 2017 by rocco69

[hitokiri_3020]

dahil ikaw na ang lumalabas na may-ari, kun ggusto niyang bawiin ang property, ikaw ang kakasuhan.

 

how to prove na hindi siya edited, that is the question.

deed of donation. di mo na kailangan dumulog sa hukuman, which would be the case kung gagawa ka ng last will (dahil sa probate - petition para patunayan na will nga talaga nung namatay yung will).

 

Kung ayaw mo pang bitiwan ang property, Deed of Donation with Usufruct (kung saan ang paggamit at pagpakinabang sa property ay nasa iyo pa rin, kahit mga anak mo na ang may-ari)

 

maraming salamat po

[frankenstein123]

Good Day

 

Does the landlord need to state a reason for non-renewal of lease to the tenant?

Contract is 1 Yr lease agreement and is up for renewal by aug.10 2017

[frankenstein123]

Another question. Can the seller backout anytime? Deposit of 1 Million has been given and the owners signed an acknowledgement receipt.

[rocco69]

Good Day

 

Does the landlord need to state a reason for non-renewal of lease to the tenant?

Contract is 1 Yr lease agreement and is up for renewal by aug.10 2017

Nope, when a contract of lease expires, and there is no clause allowing automatic renewal, or renewal at the option of the tenant, the landlord CANNOT BE FORCED TO ENTER INTO A NEW CONTRACT OF LEASE. Whatever his reason, and even without a reason at all.

[rocco69]

Another question. Can the seller backout anytime? Deposit of 1 Million has been given and the owners signed an acknowledgement receipt.

If the contract of sale has been perfected, the seller can no longer back out without becoming liable for damages. he may even be forced to consummate the sale. the question then would be: has the sale been perfected? Unfortunately, without any other fact aside from the deposit of P1M and the signing of an acknowledgment receipt, it is a bit difficult to say whether the sale has been perfected or not, as the circumstances surrounding the transaction, and the understanding between the parties, have to be considered.

[frankenstein123]

Nope, when a contract of lease expires, and there is no clause allowing automatic renewal, or renewal at the option of the tenant, the landlord CANNOT BE FORCED TO ENTER INTO A NEW CONTRACT OF LEASE. Whatever his reason, and even without a reason at all.

Thank you Atty. Very clear explanation.

If the contract of sale has been perfected, the seller can no longer back out without becoming liable for damages. he may even be forced to consummate the sale. the question then would be: has the sale been perfected? Unfortunately, without any other fact aside from the deposit of P1M and the signing of an acknowledgment receipt, it is a bit difficult to say whether the sale has been perfected or not, as the circumstances surrounding the transaction, and the understanding between the parties, have to be considered.

There is still no Contract of Sale, Deed of Sale of any sort. Just the acknowledgement receipt.

[rocco69]

Thank you Atty. Very clear explanation.

There is still no Contract of Sale, Deed of Sale of any sort. Just the acknowledgement receipt.

A contract, to exist, doesn't need to be in writing.

 

So long as the parties already agree on the rendition of service or the giving of something by one party to the other, there is already a contract!

 

Even without a written Contract of Sale, or Deed of Sale, a contract of sale may already be perfected (you don't execute a written contract when you get on a jeep, do you, and yet there exists a Contract of Carriage between you and the jeepney driver, you undertake to pay the fare, the driver undertakes to take you safely to your destination).

 

And that is the reason why it is hard to say whether he can still back out or not. It's difficult to say whether there is already a complete agreement between the parties without knowing whatever it was they really intended to do.

Edited June 3, 2017 by rocco69

[frankenstein123]

A contract, to exist, doesn't need to be in writing.

 

So long as the parties already agree on the rendition of service or the giving of something by one party to the other, there is already a contract!

 

Even without a written Contract of Sale, or Deed of Sale, a contract of sale may already be perfected (you don't execute a written contract when you get on a jeep, do you, and yet there exists a Contract of Carriage between you and the jeepney driver, you undertake to pay the fare, the driver undertakes to take you safely to your destination).

 

And that is the reason why it is hard to say whether he can still back out or not. It's difficult to say whether there is already a complete agreement between the parties without knowing whatever it was they really intended to do.

Understood Atty. Thank you very much.

[blue+george]

- I have a question -

 

we have a lot around 3000 sq.m in bulacan, after a survey, we found out that an adjacent house has encroached into our lot. problem is its a 2 storey concrete house, now, the owner decided to get a 3rd party surveyor to check it again. and same result. it has been a long time since, now the owner of the house passed away already. and now we would like to utilize the lot (for rental) and construction will be ongoing soon. what legal action can we take and any other alternative thru this problem? thanks in advance.

[rocco69]

- I have a question -

 

we have a lot around 3000 sq.m in bulacan, after a survey, we found out that an adjacent house has encroached into our lot. problem is its a 2 storey concrete house, now, the owner decided to get a 3rd party surveyor to check it again. and same result. it has been a long time since, now the owner of the house passed away already. and now we would like to utilize the lot (for rental) and construction will be ongoing soon. what legal action can we take and any other alternative thru this problem? thanks in advance.

gaano kalaki ang encroachment? kung maliit lang, pabayaran nyo na lang yung portion na nakuha. this could be cheaper than fighting it out in court. Kausapin si neighbor about this.

 

Kung malaki, depende kung alam nung neighbor na nag-encroach siya o hindi. Kung alam niya, bad faith siya, pwede ipademolish yung portion na nag-encroach (siguradong hablaan muna ito, at may structure na eh). Pwede rin naman na ibenta ninyo yung lupa sa neighbor.

 

kung di niya alam, you can opt to pay for the value of the encroaching structure, or sell the land encroached. (kung ayaw niyang umalis sa encroaching structure kahit babayaran ninyo, hablaan din ito).

 

References: Articles 448 to 454, Civil Code of the Philippines.

[blue+george]

3m

[blue+george]

actually, they know, inusog nila yun muhon. and they are trying to fight their way out, well basically kasi pag nagbakod kami, kailangan nila gibain yun pader nila and yun 2 columns, and walls nun 2 storey house nila.

well for us, cost is not an issue kasi we are standing by what is right. akala kasi nila hindi malalaman, wherein 2 surveyor na, same results. time wise, well maybe one year to two years we can wait for a decision.

 

for them its cost and an unstable house. as two columns need to be retro fitted or just demolish the thing down.

[chris_ewans40]

sirs/ma'ams, tanong ko lang po magkano on average inaabot ng pagaayos ng title , around 5 hectares of agricultural land in pampanga.

 

ganito po ang scenario:

 

1. person named in the title is our grandmother when it should it be our grandfather since it is an inherited land from my grandfather's side of the family.

2. our grandfather is already dead

 

thanks in advance po sa mga sasagot

[Vegetae999]

Hi guys i need ur opinion, Im planning to rent a place to build my own business but the owner of the place said that i should do a feasibilty study first to know that if there is really a market on what im going to do with his place.

Is it like the owner is denying me or what?

[X0X0]

 

Hi guys i need ur opinion, Im planning to rent a place to build my own business but the owner of the place said that i should do a feasibilty study first to know that if there is really a market on what im going to do with his place.

Is it like the owner is denying me or what?

 

 

It is just idle chit chat.. hes not denying you.

 

at the very worst.. he just worried your business will fail and you cant pay the contract. remember.. he is taking a gamble with you too, if he rents out the place to you.. he loses the opportunity to rent it out to others.

 

Saktong concern lang yan.. for you and himself. to put him at ease.. pay the appropriate advance and deposits.. issue pdcs.

 

dont go renegade on your pdcs though.

[venom mamba]

gaano kalaki ang encroachment? kung maliit lang, pabayaran nyo na lang yung portion na nakuha. this could be cheaper than fighting it out in court. Kausapin si neighbor about this.

 

Kung malaki, depende kung alam nung neighbor na nag-encroach siya o hindi. Kung alam niya, bad faith siya, pwede ipademolish yung portion na nag-encroach (siguradong hablaan muna ito, at may structure na eh). Pwede rin naman na ibenta ninyo yung lupa sa neighbor.

 

kung di niya alam, you can opt to pay for the value of the encroaching structure, or sell the land encroached. (kung ayaw niyang umalis sa encroaching structure kahit babayaran ninyo, hablaan din ito).

 

References: Articles 448 to 454, Civil Code of the Philippines.

kailangan talaga bayaran kahit sayo yung lupa kasi madali namang sabihin na hindi nya alam eh

[venom mamba]

we have a land with tenants it is just 1 hectare of rice field. if we sell the land, how much will we pay the tenants who have been tilling it for decades now? say the price of the lot is 1M.

[rocco69]

we have a land with tenants it is just 1 hectare of rice field. if we sell the land, how much will we pay the tenants who have been tilling it for decades now? say the price of the lot is 1M.

depends on your negotiation (how much you want to pay vis-a-vis whether they are willing to leave the land in exchange for money [if yes, how much do they want])

[venom mamba]

depends on your negotiation (how much you want to pay vis-a-vis whether they are willing to leave the land in exchange for money [if yes, how much do they want])

thanks

[3 points king]

Any inputs please? May house and lot property si parents Kaso namatay na si mother,nung namatay si mother inasikaso ni father yung estate tax naman at nasakanya yun rcpt na bayad ang estate tax Kaso hangang doon Lang ginawa nya Hindi nya na inilipat sa pangalan nya yung share ni mother,matagal na eto 1980s pa.Ngayun matanda na si father gusto nya na ipalit sa name ng isang anak nya yung property kasi nga habang buhay say gusto nya maasikaso na eto.3 sila anak at wala na problema sa 2 nya na anak Kasi maayos na usapan.what is the procedure to follow? Deed of sale ang plano gawin Kasi buhay pa naman si father. This is my friend's situation.

Edited October 2, 2017 by 3 points king

[Keshigami]

I would like some legal advise on a house that I bought in Bulacan. I have my monthly mortgage thru Pag-ibig and since my ex and I separated ways. I would like to finish paying the house and give it to her after 5 years more.

 

Will a legal paper be enough to transfer the house after its been fully paid?

[rocco69]

I would like some legal advise on a house that I bought in Bulacan. I have my monthly mortgage thru Pag-ibig and since my ex and I separated ways. I would like to finish paying the house and give it to her after 5 years more.

 

Will a legal paper be enough to transfer the house after its been fully paid?

because it is thru PAG-IBIG, all that you have now is a Contract to Sell. PAG-IBIG remains the owner of the property. However, upon full payment, PAG-IBIG promises to execute a Deed of Absolute Sale in your favor.

 

After full payment, get the Deed of Absolute Sale in your favor from PAG-IBIG. After that, all that you need to execute would be the "legal paper" to transfer it to your ex, either a Deed of Absolute Sale or a Deed of Donation to her.

[rocco69]

Any inputs please? May house and lot property si parents Kaso namatay na si mother,nung namatay si mother inasikaso ni father yung estate tax naman at nasakanya yun rcpt na bayad ang estate tax Kaso hangang doon Lang ginawa nya Hindi nya na inilipat sa pangalan nya yung share ni mother,matagal na eto 1980s pa.Ngayun matanda na si father gusto nya na ipalit sa name ng isang anak nya yung property kasi nga habang buhay say gusto nya maasikaso na eto.3 sila anak at wala na problema sa 2 nya na anak Kasi maayos na usapan.what is the procedure to follow? Deed of sale ang plano gawin Kasi buhay pa naman si father. This is my friend's situation.

kung nabayaran yung estate tax, that means that, in all probability, nagkaroon ng extrajudicial settlement of the estate of the deceased mother. tingnan ninyo ang contents ng settlement kung sino ang naging may-ari nung property, after which that person/s should execute a Deed of Sale to the son/daughter to whom they want to transfer the property.

[99PercentCaffeine]

Posting this question on behalf of a non-MTC member friend.

 

My friend has 3 investment homes which he leases out to tenants. One of the homes was leased to someone who ran into a bit of cash flow issue. My friend has yet to give his tenant a lease contract, although rent has been paid for the past three months except for the month of Oct-Nov. The tenant previously agreed to vacate, but because they cannot find a suitable place to live after 2 weeks of searching, they asked for an extension, and deposited the rent due for the month.

 

Question: Does my friend (the landlord) have the right to forcibly evict the tenants despite the latter having paid their dues (since there is no contract signed), or is he obligated to give them the leeway/extension considering the circumstances.

 

By the way, the deposit has not been consumed and the rent for this month has been paid via deposit.

 

My friend asked me to refer tenants, which I found, but they were concerned since the present tenants have asked for a bit of an extension. I advised my friend to allow them as much time since the new tenants are willing to wait anyway. However, I do not know the letter of the law on this one so I hope someone can spare some advice. thank you.

Edited October 16, 2017 by 99PercentCaffeine