The Legal Side of Real Estate

[rocco69]

Can others use a private right of way may titulo po ung right of way and also the other party already modified the road at tinamnaman na din ng halaman. also does buying a land would also include a private right of way use kahit wala namang naka indicate dun sa titulo nung binili nyang lupa (paper street po ung right of way hndi pa na develope). and also can you sell a part of the right of way if the buyer owns the adjacent lots and the road is at a dead end. the other party insist na right of way un that he has all the rights to cross and modify when clearly it is a private right of way with the owners written on the title. the right of way title has "(existing right of way) of the subd. plan" as a defining phrase. on side note pinagmanahan po cya na lupa and then sold by the family members who own it to the other party the right of the family member to the right of way is not included on the sale. and also the buyer has access to road with or without the said private right of way pinag tuglong lang nya ung dalawang lots na pag aari nya by using the right of way which is nasa middle ng dalawang lots

Its difficult to answer this without seeing the titles, the corresponding technical descriptions of the lots involved, the lot plan covering the area, as well as, of course, the deeds of sale involved.

[dodo]

First, I need to provide a little background before I ask my questions. I own several parcels of land that I have been subdividing into smaller cuts to sell as residential lots. The lots are located in a very good location beside a provincial capitol so I have sold quite a few already. I have sold about 80 lots and my estimate is that the remaining parcels would produce another 150 lots. Every few months or so, we would cut a few more lots to sell. I would like to get a will so that my two sons would inherit what i own in case I pass away. So here are my questions:

 

1. Can I make a will that is generally stated that my two sons inherit the land without having to note each of the title? Since I am continuously subdividing the land, it does not make any sense to state each title I am giving away to them. Each time I subdivide, new titles are produced.

2. How much does it cost to get a will like this done?

Edited January 27, 2021 by dodo

[newklys]

Question re purchase of vacant lot by a widowed friend from a developer.

 

A friend of mine became a widow a couple of years ago. Foreign husband. Last year, kumuha na siya ng new passport that used her maiden name because she showed na the death certificate of her late husband. She also opened a new bank account under her maiden name. Recently, she wanted to buy a vacant lot, but developer said she cannot use her maiden name. She was asked to produce a PSA CENOMAR and since her late husband was a foreigner (PSA does not change marriage contracts with foreigners), naturally the CENOMAR showed that she is married. So developer insisting that she is "Widowed" daw, not "Single". My friend wants to use her maiden name for the title and insists that she should be allowed to considering she got a new passport already and bank account.

 

Maraming salamat sa makakapag-bigay ng advice.

[Burdaw]

Whos willing to help me, i need adivses.. we have property(school) then were willing to file bankruptcy because we cannot manage it well, my uncle whos the original owner, who passes away already, left too much debt in bank, thats why the pdic take our property with interest.. we tried to continue the school, whos named under my father.. question: hows the process will be in this situation? Thank you in advanced

[Mr.Potatoes]

Whos willing to help me, i need adivses.. we have property(school) then were willing to file bankruptcy because we cannot manage it well, my uncle whos the original owner, who passes away already, left too much debt in bank, thats why the pdic take our property with interest.. we tried to continue the school, whos named under my father.. question: hows the process will be in this situation? Thank you in advanced

 

why pdic? pdic has no right to take over your property with interest (what?). pdic may only take over banks.... unless... is your bank already closed?

[charliehouse]

Hello po! Nagtatanong na naman po ulit. May titled lot po na binili ko pero part lang. 1000 sq. meters po ang lot 300 sqm lang binili ko. Individual lang po ang seller hindi corporation. Valid po ba ang sale? Wala po kasing license to sell ang binilhan ko sa hlurb.

[rocco69]

Hello po! Nagtatanong na naman po ulit. May titled lot po na binili ko pero part lang. 1000 sq. meters po ang lot 300 sqm lang binili ko. Individual lang po ang seller hindi corporation. Valid po ba ang sale? Wala po kasing license to sell ang binilhan ko sa hlurb.

Valid po ba ang sale?

 

Valid (kung siya ang may-ari o otorisado ng may-ari).

[rocco69]

Question re purchase of vacant lot by a widowed friend from a developer.

 

A friend of mine became a widow a couple of years ago. Foreign husband. Last year, kumuha na siya ng new passport that used her maiden name because she showed na the death certificate of her late husband. She also opened a new bank account under her maiden name. Recently, she wanted to buy a vacant lot, but developer said she cannot use her maiden name. She was asked to produce a PSA CENOMAR and since her late husband was a foreigner (PSA does not change marriage contracts with foreigners), naturally the CENOMAR showed that she is married. So developer insisting that she is "Widowed" daw, not "Single". My friend wants to use her maiden name for the title and insists that she should be allowed to considering she got a new passport already and bank account.

 

Maraming salamat sa makakapag-bigay ng advice.

The developer is correct, she is not single but widowed.

 

The developer, however, is wrong, in insisting that she cannot use her maiden name. Art 373 of the Civil Code says:

 

Article 373. A widow MAY use the deceased husband's surname as though he were still living, in accordance with article 370.

 

Dahil "MAY" ang ginamit, makikita na optional sa biyuda ang patuloy na paggamit ng apelyido ng nasira niyang asawa. Maari siyang bumalik sa dati niyang apelyido. At maaari niya itong gamitin sa titulo ng lupa.

[rocco69]

First, I need to provide a little background before I ask my questions. I own several parcels of land that I have been subdividing into smaller cuts to sell as residential lots. The lots are located in a very good location beside a provincial capitol so I have sold quite a few already. I have sold about 80 lots and my estimate is that the remaining parcels would produce another 150 lots. Every few months or so, we would cut a few more lots to sell. I would like to get a will so that my two sons would inherit what i own in case I pass away. So here are my questions:

 

1. Can I make a will that is generally stated that my two sons inherit the land without having to note each of the title? Since I am continuously subdividing the land, it does not make any sense to state each title I am giving away to them. Each time I subdivide, new titles are produced.

2. How much does it cost to get a will like this done?

1. Can I make a will that is generally stated that my two sons inherit the land without having to note each of the title?

 

Yes, you can make a will giving away the property, using only the current titles. The law provides anyway, that whatever properties you no longer own when you pass away cannot be given away by you. In other words, the properties already sold when you pass will no longer form part of your estate.

 

 

2. How much does it cost to get a will like this done?

 

Should be the same as the price of having a Deed of Sale or Deed of Donation made (could be a bit more because of the number of properties that have to be described). A will is just another legal document, so the price should be within range of similar documents. In fact, if you want, you can do it yourself (so long as it is ENTIRELY IN YOUR OWN HANDWRITING, WITH A DATE, AND SIGNED BY YOU AT THE END)

Edited March 18, 2021 by rocco69

[newklys]

Yes, thank you. She already resolved it with the developer and they will now use her maiden name sa lahat ng relevant documents.

 

 

 

The developer is correct, she is not single but widowed.

 

The developer, however, is wrong, in insisting that she cannot use her maiden name. Art 373 of the Civil Code says:

 

Article 373. A widow MAY use the deceased husband's surname as though he were still living, in accordance with article 370.

 

Dahil "MAY" ang ginamit, makikita na optional sa biyuda ang patuloy na paggamit ng apelyido ng nasira niyang asawa. Maari siyang bumalik sa dati niyang apelyido. At maaari niya itong gamitin sa titulo ng lupa.

[Pen15]

i bought i property last 2013. until now hindi ko mapalipat sa name ko kasi ung mother title nasa US dinala ng anak. Hawak ko lang is Absolute deed of Sale. Ano ang pwd ko gawin para ma force ng seller to handover sa title para ung mother title mapa subdivide na. 

[TrueLife_FunLife]

My parents has multiple properties. Since they are old and proactive, they want to transfer these properties to me while they are still able and reduce the Estate Tax to be shouldered by me in the future. My questions are: what is the process to do this? Are there other ways/process to go around future Estate Tax? and, Is a fake sale needed to do this?

Thanks in advance.

 

[paupau]

Who has the right sa firewall in between 2 townhouse units? What if gusto taasan nung kabilang party pero ayaw nung kabila?

Edited November 24, 2021 by paupau

[Harding]

On 1/29/2021 at 7:25 PM, Burdaw said:

Whos willing to help me, i need adivses.. we have property(school) then were willing to file bankruptcy because we cannot manage it well, my uncle whos the original owner, who passes away already, left too much debt in bank, thats why the pdic take our property with interest.. we tried to continue the school, whos named under my father.. question: hows the process will be in this situation? Thank you in advanced

is the school corporation or single proprietorship set up? your uncle is the owner but under your father's name? if that is the case who acquired the loan from the bank?

[Harding]

On 11/7/2021 at 3:53 AM, TrueLife_FunLife said:

My parents has multiple properties. Since they are old and proactive, they want to transfer these properties to me while they are still able and reduce the Estate Tax to be shouldered by me in the future. My questions are: what is the process to do this? Are there other ways/process to go around future Estate Tax? and, Is a fake sale needed to do this?

Thanks in advance.

 

it can be a donation or deed of sale ro be transferred ,amount of taxes and fees is about 8% od the amount. 20k the agent transfer paperworks.

On 11/24/2021 at 6:20 PM, paupau said:

Who has the right sa firewall in between 2 townhouse units? What if gusto taasan nung kabilang party pero ayaw nung kabila?

consult the developer as to what is stated in the regulation development

[iceman]

On 11/24/2021 at 6:20 PM, paupau said:

Who has the right sa firewall in between 2 townhouse units? What if gusto taasan nung kabilang party pero ayaw nung kabila?

Sino po nagpatayo ng firewall?

[paupau]

On 12/2/2021 at 6:23 AM, iceman said:

Sino po nagpatayo ng firewall?

Yung kabilang neighbor

[willjames24]

Hindi ba bawal ang magsarado ng right of way?

[Harding]

On 12/13/2021 at 2:57 AM, willjames24 said:

Hindi ba bawal ang magsarado ng right of way?

sino may ari ng right of way?

[~~gwa7~~]

wishing everyone a fine day.

consult lang ako:

Scenario :
land owner - (deceased)

Naiwan: Legitimate Wife + with 3 Children

pede po makahingi ng advice kung ano ang hatian ng mana?

tapos isa sa mga anak ng land owner died, naghahabol po yung mga apo ng share ng mana ng landowner.

Maghahati-hati muna ang wife and 3 children tapos yung hatian ng apo ay doon lamang sa share ng childer ng landowner.

 

Salamat.

[rocco69]

On 2/21/2022 at 11:19 AM, ~~gwa7~~ said:

wishing everyone a fine day.

consult lang ako:

Scenario :
land owner - (deceased)

Naiwan: Legitimate Wife + with 3 Children

pede po makahingi ng advice kung ano ang hatian ng mana?

tapos isa sa mga anak ng land owner died, naghahabol po yung mga apo ng share ng mana ng landowner.

Maghahati-hati muna ang wife and 3 children tapos yung hatian ng apo ay doon lamang sa share ng childer ng landowner.

 

Salamat.

Ang unang hati ay sa mag-asawa (lahat ng pag-aari ng isang taong kasal ay nagiging pag-aari nilang mag-asawa), so 50% ng lupa ay pag-aari ni Landowner, at ang naiiwang 50% ay pag-aari ni Legitimate Wife. 

 

Sa 50% ni Landowner, ito ay hahatiin sa 5 (kay Legitimate Wife, sa 3 children, at sa mga anak nung namatay na anak)

Kaya, in ending 60‰ nung lupa ay pag-aari ni Legitimate Wife, tig-10‰ yung 3 anak, at 10% din yung mga apo. . 

[GRos2021]

20 years ago, my father sold my titled land to my aunt without my consent.

Is there a way for my aunt to validly transfer the title to her name?

[rocco69]

On 3/30/2022 at 12:01 AM, GRos2021 said:

20 years ago, my father sold my titled land to my aunt without my consent.

Is there a way for my aunt to validly transfer the title to her name?

nasaan ang owner's duplicate copy ng title? Kung nasa iyo, hindi niya matratransfer yun (unless she files a petition in court to declare it lost).

 

Kung nasa kanya, hindi pa rin kung ang deed of sale niya ay hindi sa pangalan mo as seller (posible kasi na your father sold it as attorney-in-fact mo, e.g. may SPA siya galing sa iyo, in that case, maaaring valid yung sale). kung walang SPA, .hindi rin pupwede maitransfer

[barneyxharvey]

Good morning. I was hoping to get free legal advice here. Our company deals with the transfer of real properties. One of our clients is a bank. What happened here is they had a former employee who embezzled a substantial amount of money. This employee is now hiding and cannot be found. The bank filed a sum of money case against the former employee. Luckily there are properties under the name of the said employee. There's already a notice of levy on attachment on the former employee's properties. This notice was annotated on the titles. The properties were awarded to the bank as the highest bidder on the auction date. The one-year redemption period has already lapsed, and thus our services were tapped by the bank. My question here is, do we need to reconstitute the title? Or can we proceed with the registry of deeds for the transfer of title even if we do not have the owner's duplicate copy? 

 

Thank you in advance and stay safe!

[plug]

May batas ba o guidelines kung sakaling mag decide ang members ng family to convert a vacant lot para paglibingan ng member ng family. Just like a family cemetery. The vacant lot is located on the rear and within the enclosed compound of the family. It will also be enclosed from the rest of the lots.

Thanks.