the law and it's every day use

QUOTE (Tr@ck @ September 25, 2006 07:17 pm)

first question is verify the title you have with the Register of Deeds to see if it is located within a previous lot or see the previous TCT (you did say there was a new TCT (title) issued, as a matter of procedure the old TCT (where the name of the reputed previous owner is annotated) should have been cancelled...

>>> First of all, Marami pong salamat.

Na verify na po ito ng mother ko, pero not sure lang ako about the location. At saka kasi di ko pa talaga nakita iyong titulo.

sale of lands can be made through an agent so long as there is a clear agency agreement showing authority to procure buyers for the said piece of land issued by or allowed by the previous owner. since you did say there was a title issued, and no question as to the issuance was made, i think that you have a defensible title over the property. now the question that remains is if a) the seller (through his agent) had rights of ownership over the property... if there is then there is no problem... you need only to sit tight and let them chase you... but if there is no right, then you have to exert your right as a buyer in good faith (duly and rightfully recognized as owner through the validly issued TCT)... this time you have to intervene in the court case over the property to exert your right and to remove cloud over your own title... question of prescription remains hanging though...

ganito kasi yan, titulo kasi ang nagpapatunay ng karapatan ng pag mamay-ari sa lupa... ang karapatan mo ay nag-uugat sa mga karapatan ng nagmamay-ari bago sa iyo... ngayon kung wala o dili kaya'y may alinlangan sa karapatan ng nagbenta sa iyo, maapektuhan ang mga karapatan mo... ang pinag-uusapan natin ay titulo at hindi kung ano pang kasunduang nakasulat... bilang paniguro, alamin mo ang ugat ng alitan ng mga nagsasabing may-ari, pabakuran mo ang lupang nakasaad sa titulo mo na pagmamay-ari mo... ipagbigay alam mo na sa korte na may isyu ka tungkol sa usaping nahaharap sa korte... kailangan mo nga ng abugado dito...

i hope this helps...

>>>authorized naman po iyong nag-benta sa amin. Ang problema po ei doon sa sinasabi ninyong "karapatan ng nagbenta sa iyo, maapektuhan ang mga karapatan mo" Kasi itong MAN1 (iyon unang may ari) ay nag-benta ng ilang ektarya na lupa kay MAN2 (iyon pong pinag-bilhan namin). Dahil sa pag-aakala sigurong hindi magiging kapakipakinabang ang lupa dahil bundok at manaka-naka pa lang ang taong naliligaw don(part of antipolo). Dahil halos maubos na mabenta ang lupa, biglang sumulpot si MAN1, at sinasabing ang ilang block (composed po ng 116 sq.m to 150 sq.m per block...sa pag-kaka alam ko) na lupa na iyon ay hindi kasali sa pinag-bili kay MAN2., so ang nangyari pinabakuran ang ilang block na iyon at kasali doon ang lupa na nabili ko.

At sa kasalukuyan "daw" ei nag-kakasuhan silang dalawa tungkol dito sa ilang block ng lupa kung sino ang tunay na nag-ma may ari nito at kung hanggang saan ang hangganan ng lupa ang ibeninta kay MAN2 ni MAN1. Iyon na po iyon.

hmmmm...

you can do one of two things... wait for a resolution on their dispute or file your own petition to intervene being a sucessor in interest (by way of sale) which would be necessary to establish proprietary rights and remove clouds over title to be issued... either mag-antay ka at umaksiyon pagtapos nila or ngayon pa lang makigulo ka na.. your choice...

just make sure of the title you have... it better be the original copy of the TCT, with attachments of subdivision plan from the previous TCT... check with the Antipolo RD...

another option is to form an association of those other landowners adjacent to yours to stake your claim over the properties brought... there is strength in numbers... form an association so you can beter protect yourself...

i hope this helps...

Have a Pleasant day whisfull thinking,

it is possible that the 3 years old kid having property with Transfer of TCT

under her name represented of her/his Grand Parents? at young ages?

QUOTE (the_king_of_wishful_thinking @ September 26, 2006 01:09 am)

hmmmm...

you can do one of two things... wait for a resolution on their dispute or file your own petition to intervene being a sucessor in interest (by way of sale) which would be necessary to establish proprietary rights and remove clouds over title to be issued... either mag-antay ka at umaksiyon pagtapos nila or ngayon pa lang makigulo ka na.. your choice...

just make sure of the title you have... it better be the original copy of the TCT, with attachments of subdivision plan from the previous TCT... check with the Antipolo RD...

another option is to form an association of those other landowners adjacent to yours to stake your claim over the properties brought... there is strength in numbers... form an association so you can beter protect yourself...

i hope this helps...

It helps a lot, marami pong salamat.

Sa palagay ko po ei, hintayin ko na lang sa pag-uwi ko kung ano ang maisip ko. But at the moment, ang decision ko po ay mag-hintay matapos ang dispute (at the moment) pero baka mag-bago pa ang isip ko. Not sure yet what follows next.

Anyway, iyong sa TCT po ei original ang ibinigay sa amin, only there's no attached subdivision plan. At ng tumawag ako sa mother ko, sinabi niya na kung kukuha kami non, kailangan ng another payment (for the copy of the subdivision plan only). So, kailangan siguro non, hintayin na lang na maka-uwi ako para dire diretso na ang lakad namin hanggang doon sa Antipolo RD.

Kung tungkol naman po doon sa pag-buo ng association ng mga landowners, ei malabo po. Kasi, hindi magkakakilala ang mga may-ari non. At saka iyong ibang block ay may nakatayo na. hindi ko lang alam kung ito iyong bumili sa MAN1 or MAN2. Dahil ang ginawa ng MAN1 ay ibinenta ito sa paunang halaga na 5,000 pesoses. Kaya hindi ko alam kung ang mga nakatayong bahay doon ay sa part ni MAN1 or MAN2 bumili. Iyong sa akin lang wala, dahil kapag may balak mag-patayo don, sinusugod ng mother ko iyong gwardiya na itinalaga ni MAN1!!! tambayan/lol2.gif

Ang nakakatakot lang baka patulan ng gwardiya ang mother ko, at makalimutan na matanda ang kaharap nila.

At may nag-turo sa mother ko na isangla daw sa banko ang TCT para ma confirm kung talagang orihinal at legal ang pag-kakabili. Pero sinabihan siya ng banko na kailangan munang nasa 5 years na pag-aari na niya ang nasabing lote bago niya maisangla iyon. Ginawa lang naman daw niya iyon to check kung genuine ang TCT.

Iyan po ang update. Thank you po uli.

QUOTE (hmaritesc @ September 27, 2006 02:46 am)

Have a Pleasant day whisfull thinking,

it is possible that the 3 years old kid having property with Transfer of TCT

under her name represented of her/his Grand Parents? at young ages?

what we have is voidable title over property... it depends on how the three year old came to be the owner of the said property...

is it by donation (meaning by gift) then a whole set of rules apply... is it by succession (inheritance by testamentary or by operation of law)...

if the name of the child is on the title, then there must be a guardian over the said person since the child cannot exercise rights of ownership...

i hope this helps...

QUOTE (the_king_of_wishful_thinking @ October 09, 2006 06:47 pm)

what we have is voidable title over property... it depends on how the three year old came to be the owner of the said property...

is it by donation (meaning by gift) then a whole set of rules apply... is it by succession (inheritance by testamentary or by operation of law)...

if the name of the child is on the title, then there must be a guardian over the said person since the child cannot exercise rights of ownership...

i hope this helps...

by your description, the grandparents are trustees of the three year old child as to the property.. i would presume it is by succession (if the parents are already deceased, and by operation of law the child becomes the universal heir) or donation from the parents of the child (by gift or a trust was instituted by the parents)... the trust agreement must clearly indicate the name and powers of the trustee vis a vis the property and the beneficiary...

what seems to be the problem then ma'am?

QUOTE (the_king_of_wishful_thinking @ October 10, 2006 01:04 am)

by your description, the grandparents are trustees of the three year old child as to the property.. i would presume it is by succession (if the parents are already deceased, and by operation of law the child becomes the universal heir) or donation from the parents of the child (by gift or a trust was instituted by the parents)... the trust agreement must clearly indicate the name and powers of the trustee vis a vis the property and the beneficiary...

what seems to be the problem then ma'am?

there's no problem at all...just want to sure if I'did the rigth thing...
and thank'you so much for your time...
you are such a nice person.

have a nice day

I'm in Australia & thinking of reinventing myself & starting a law career from the bottom, by taking up a paralegal course & working as a part time clerk in a law office. I'm in no real hurry anyway. Any comments? Advanced thanks!

QUOTE (madaku_mobutu @ October 14, 2006 05:31 pm)

I'm in Australia & thinking of reinventing myself & starting a law career from the bottom, by taking up a paralegal course & working as a part time clerk in a law office. I'm in no real hurry anyway. Any comments? Advanced thanks!

depends on how the practice is regulated there...

in the British system (which i would presume is the one being used in Oz) there are two types of "lawyers".. the barrister (one with the horsehair wig who appears in courts) and the other is one who does all the legal work and advice (called a solicitor)... it depends on how you want it... do you want the wig or do you want to be pretty normal... the former requires a degree and a government licensure exam... on the other hand the latter is obtained through experience...

your call... i am not too familiar with the professional legal practice there down under... but one question, what is it about the law you love?

i hope this helps...

hmmm all is silent here eh?

as many of you might have read, i am going on a sabbatical, leave, or vacation from here...

but this doesn't not mean i would be foregoing any of you who may have legal issues needing clarification... if you just need to have a bit of clarification, drop me an email... i'll try my very best to give a response as soon as i can...

have a good one people...

if you can't be good, be safe always...

thanks sir...

in any case, i dropped by to remind everyone to exercise their right of suffrage...

you have the right to be heard... and if you choose not to exercise it... others would be deciding for you... and don't comfort yourself with the idea that it's just one vote.. your vote matters...

may the Force be with you all...