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The Legal Side of Real Estate


rickyv

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Good morning. Need some advise on how to resolve this family issue about land ownership. My grandparents are separated (not legal) and not in good terms. The land title is under my grandfather's name.

 

To settle the issue, My grandpa wants to split the land in half and give ownership to his eldest daughter, but my grandma doesn't agree and wants 100% of the land and subdivide it equally to her 4 children.

 

What's the best legal action to resolve this issue?

 

Thanks!

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  • 2 weeks later...

Question lang po...

 

If there are 3 siblings and one those went to the US and became a citizen for around 30 years, so the other 2 remained here. Their parents already died and no will was done. Does the 3 divide the property equally? Does the the US citizen still have the rights for the share, being a citizen of another country or does the other 2 have the rights to the property and have it divided equally among them? TIA....

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Question lang po...

 

If there are 3 siblings and one those went to the US and became a citizen for around 30 years, so the other 2 remained here. Their parents already died and no will was done. Does the 3 divide the property equally? Does the the US citizen still have the rights for the share, being a citizen of another country or does the other 2 have the rights to the property and have it divided equally among them? TIA....

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Question lang po...

 

If there are 3 siblings and one those went to the US and became a citizen for around 30 years, so the other 2 remained here. Their parents already died and no will was done. Does the 3 divide the property equally? Does the the US citizen still have the rights for the share, being a citizen of another country or does the other 2 have the rights to the property and have it divided equally among them? TIA....

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Question lang po...

 

If there are 3 siblings and one those went to the US and became a citizen for around 30 years, so the other 2 remained here. Their parents already died and no will was done. Does the 3 divide the property equally? Does the the US citizen still have the rights for the share, being a citizen of another country or does the other 2 have the rights to the property and have it divided equally among them? TIA....

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Divided by three pa rin, walang epekto ang pagiging Amerikano ng isa (while bawal ang foreigner magmay-ari ng lupa sa Pilipinas, exception ang lupang minana mula sa magulang)

 

Question lang po...

 

If there are 3 siblings and one those went to the US and became a citizen for around 30 years, so the other 2 remained here. Their parents already died and no will was done. Does the 3 divide the property equally? Does the the US citizen still have the rights for the share, being a citizen of another country or does the other 2 have the rights to the property and have it divided equally among them? TIA....

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to the attorneys of MTC i have a question....i have an empty lot in a subdivision...the homeowners' association is recently formed and they decided on a monthly fee which i think is too high...they say this will be use to pay security guards, garbage etc which is understandable..however, they want empty lot owners to pay the same rate....can they force me to pay or if i do not pay what can they do....my lot is fully paid already (it is just an investment for the future, i already have a house in another place)...thanks guys/gals

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they can't force you to pay. pero, they can impose penalties for your refusal to pay. See Republic Act 9904.

 

to the attorneys of MTC i have a question....i have an empty lot in a subdivision...the homeowners' association is recently formed and they decided on a monthly fee which i think is too high...they say this will be use to pay security guards, garbage etc which is understandable..however, they want empty lot owners to pay the same rate....can they force me to pay or if i do not pay what can they do....my lot is fully paid already (it is just an investment for the future, i already have a house in another place)...thanks guys/gals

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they can't force you to pay. pero, they can impose penalties for your refusal to pay. See Republic Act 9904.

 

 

 

thanks a lot....next question..what do you advice? i read Rep. Act 9904....accdg to Section 22 A they can not force me to join the association....tama ba ang intindi ko...i wish i have taken up law....thanks again

Edited by romyg
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Yup, they can't force you to be a member.

However, Section 5 says that you still have to pay the necessary fees and charges in order to enjoy basic community services and facilities. And your problem is that the homeowner's association will consider you as enjoying community services and facilities (and will charge you for it), even if you don't actually live there. when you sell your lot, the buyer will be unable to put up a structure on the property without getting a clearance from the association (which will not give one unless all arrears are paid).

 

my advice... pay up (or let your buyer pay up when he buys the lot).

 

if you think the fees are too high, run for office next time the association holds elections.

 

thanks a lot....next question..what do you advice? i read Rep. Act 9904....accdg to Section 22 A they can not force me to join the association....tama ba ang intindi ko...i wish i have taken up law....thanks again

Edited by rocco69
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Yup, they can't force you to be a member.

However, Section 5 says that you still have to pay the necessary fees and charges in order to enjoy basic community services and facilities. And your problem is that the homeowner's association will consider you as enjoying community services and facilities (and will charge you for it), even if you don't actually live there. when you sell your lot, the buyer will be unable to put up a structure on the property without getting a clearance from the association (which will not give one unless all arrears are paid).

 

my advice... pay up (or let your buyer pay up when he buys the lot).

 

if you think the fees are too high, run for office next time the association holds elections.

 

 

 

thanks again....buying this lot, i thought would be a good investment....nagiging liability pala...anyway thanks again, i will probably sell the lot, sayang prime location pa naman ang nabili ko (will also probably ask the potential buyer to pay the association dues)

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  • 2 weeks later...

May I seek legal advice:

 

Here's client's situation:

 

1. He bought a townhouse a few years ago with his girlfriend back then. They bought the unit via bank financing. (both are Filipinos)

 

2. Along the way, the relationship did not work out. The guy continued paying the monthly amortization up to this day. Amortization is still several years away from being fully paid.

 

3. The guy's fault is that he did not make sure that the name be changed solely by the developer to his name prior to the Downpayment. Now the title with the bank is in the name of the guy and his ex-girlfriend. (he claims he made a request but he does not have a receiving copy of the said request so the developer pushed through with the original contract ie., reflecting the guy and ex-girlfriend's name)

 

4. The guy is contemplating on selling the unit and there's an interested buyer.

 

Question:

 

1. Can the guy secure a SPA from the ex-girlfriend so that if the unit was sold to another party, the guy can sign in behalf of the ex-girlfriend?

 

2. What is the implication if the ex-girlfriend is already married? Does this mean that the guy has to secure conformity/signature of the ex-girlfriend's husband?

 

Appreciate your advice. Thank you.

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Mga sir, patulong naman ho,paano ho ba ang computation ng Lot and Building Taxes (amilyar) there this assessor from Quezon City hall who contacted us and claim that i need to 60K annual tax for my 200 m2 lot and building (based on her computation), however she claims that she can lower it to more than 1/2 of the total cost provided that kanya is 20K. knowing how does it was computed will provide me with a right tools in dealing with this kind of corrupt goverment employee... help would really be appreciated...thanks

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