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How to consolidate/sell the lots with common alley?

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dboy23


Arresto Menor
what we or the buyer needs to do if we want to sell the property with 7 titles (6 titles of the adjacent lots with different owners and an alley/passage way title common to the 6 lots)? This property were from our lolos and lolas and the alley title were named to our lolos and lolas. But the 5 lots title were already transferred in our dads or moms, so sa mag pipinsan na nakapangalan ang title (buhay pa sila lahat) Sa alley title 1 lola na lng ang buhay.

At the back of the alley's title there is a memorandum:

no portion
of any street, passageway, waterway or open space so delineated on the plan shall be closed or otherwise disposed of
by the registered owner without the approval of the Court of First Instance of the province or city in which the land is situated. section 50 p.d. 1529

How we could sell the whole property with alley to the new buyer? do we need to attend a hearing in CFI?

According to the buyer and his lawyer and broker, he will first pay the 6 lots (of course with an amount less the alley) then the balance will be paid after the alley issue was resolved, because this could take time according to them.
May habol pa po ba kami sa alley pag nagkapirmahan na sa dead of sale ng 6 lots?

And may nabasa din ako sa section 50 ng pd 1529:

A registered owner desiring to consolidate several lots into one or more, requiring new technical descriptions, shall file
with the Land Registration Commission, a consolidation plan on which shall be shown the lots to be affected, as they
were before, and as they will appear after the consolidation. Upon the surrender of the owner's duplicate certificates
and the receipt of consolidation plan duty approved by the Commission, the Register of Deeds concerned shall cancel
the corresponding certificates of title and issue a new one for the consolidated lots.

So is it mean na pwede na nya ma-consolidate if nasa kanya na yung 6 lots and di na kmi bayaran sa alley?

Need your advise. Thanks!




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dboy23


Arresto Menor
Post ko na din po yung section 50 ng p.d. 1529... pasensya na po sa admin kung mahaba contents ng na-ipost ko.

Section 50. Subdivision and consolidation plans. Any owner subdividing a tract of registered land into lots which do not
constitute a subdivision project has defined and provided for under P.D. No. 957, shall file with the Commissioner of
Land Registration or with the Bureau of Lands a subdivision plan of such land on which all boundaries, streets,
passageways and waterways, if any, shall be distinctly and accurately delineated.
If a subdivision plan, be it simple or complex, duly approved by the Commissioner of Land Registration or the Bureau of
Lands together with the approved technical descriptions and the corresponding owner's duplicate certificate of title is
presented for registration, the Register of Deeds shall, without requiring further court approval of said plan, register the
same in accordance with the provisions of the Land Registration Act, as amended: Provided, however, that the Register
of Deeds shall annotate on the new certificate of title covering the street, passageway or open space, a memorandum to
the effect that except by way of donation in favor of the national government, province, city or municipality, no portion
of any street, passageway, waterway or open space so delineated on the plan shall be closed or otherwise disposed of
by the registered owner without the approval of the Court of First Instance of the province or city in which the land is
situated.
A registered owner desiring to consolidate several lots into one or more, requiring new technical descriptions, shall file
with the Land Registration Commission, a consolidation plan on which shall be shown the lots to be affected, as they
were before, and as they will appear after the consolidation. Upon the surrender of the owner's duplicate certificates
and the receipt of consolidation plan duty approved by the Commission, the Register of Deeds concerned shall cancel
the corresponding certificates of title and issue a new one for the consolidated lots.
The Commission may not order or cause any change, modification, or amendment in the contents of any certificate of
title, or of any decree or plan, including the technical description therein, covering any real property registered under
the Torrens system, nor order the cancellation of the said certificate of title and the issuance of a new one which would
result in the enlargement of the area covered by the certificate of title.

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shad_marasigan


Reclusion Perpetua
what sec 50 provides is that consolidation shall NOT take effect as such to enforce that no portion of any street, passageway, waterway or open space so delineated on the plan shall be closed or otherwise disposed of by the registered owner without the approval of the Court of First Instance of the province or city in which the land is situated. yes you need the approval of the RTC (CFI). your question shall be resolved by the Court.

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dboy23


Arresto Menor
Thank you Shad...
The new buyer already agreed to pay us, and we just need to provide the original copy of the alley.
For the consolidation, we will ave an agreement to sign a waiver...or other documents to process the consolidation.

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