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lifting of adverse claim, hinihingan po kami ng lagay.

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iseeklegaladvise


Arresto Menor
may lupa po kami na ibinebenta.pag-aari ito ng aming pamilya ng ilang dekada na.

more than 2 years ago, a party caused the annotation of an adverse claim on our title.

we can't push through with the sale of or property due to the adverse claim annotated on our title. the party who caused the annotation did not pursue any legal action thereafter.

we have the title. the only basis for their claim is that they used to collect rent from our land, they have no title to back up their claim of ownership over the land.

we seek to have the adverse claim lifted however a staff in the Registry of Deeds has informed us that in order to expedite the procedure, we would have to make a "lagay" in the hundreds of thousands.

i find this unacceptable. first off, we have a title to back our claim. the party who caused the adverse claim do not have any document to back their claim.

please advise on what action to pursue.

is it true that the procedure to have the adverse claim lifted would take months?if not, how long would this take,approximately?

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foobarph


Prision Mayor
ikaw na ang nagsabi, nasa inyo ang TITULO and im assuming na sa inyo nakapangalan yan.

ano mas mabigat? titulo o yung pagiging kolektor? siyempre yung titulo.

---

CHAPTER 3 – QUIETING OF TITLE (n)



Art. 476. Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title.

An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein.

Art. 477. The plaintiff must have legal or equitable title to, or interest in the real property which is the subject matter of the action. He need not be in possession of said property.

Art. 478. There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription.

Art. 479. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to the plaintiff’s benefit.

Art. 480. The principles of the general law on the quieting of title are hereby adopted insofar as they are not in conflict with this Code.

Art. 481. The procedure for the quieting of title or the removal of a cloud therefrom shall be governed by such rules of court as the Supreme Court shall promulgated.

--

file a quieting of title against that jerk

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iseeklegaladvise


Arresto Menor
maraming salamat po sa reply.

itatanong ko lang po kung sa RTC o sa RD po ipafile yun quieting of title?

Dahil ang sinasabi po nun humihingi sa amin ng lagay, aabutin daw ng matagal kung idadaan pa po namin sa legal na proseso.

totoo po ba ito? buwan po ba inaabot ang proseso na ito?

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foobarph


Prision Mayor
if value of the property is less than 20k < MTC
more than 20k > RTC

http://sc.judiciary.gov.ph/jurisprudence/2009/september2009/181303.htm

also, you better try to relate your case to this one >> http://sc.judiciary.gov.ph/jurisprudence/2009/june2009/161034.htm (eto yung may hayop na nang istorbo sa tao na may titulo at inaangkin yung lupa at idinaan sa ibang paraan o collateral attack.)

good luck po

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hlslawph


Arresto Menor
You should file a petition for the lifting of the adverse claim. An adverse claim is valid only up to 30 days but is not automatically lifted or removed after the lapse of said date. You still need to file the proper petition in court which is a proceeding in rem.

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iseeklegaladvise


Arresto Menor
maraming salamat po sa pag-reply sa mga katanungan ko. i really appreciate it.

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foobarph


Prision Mayor
hlslawph wrote:You should file a petition for the lifting of the adverse claim. An adverse claim is valid only up to 30 days but is not automatically lifted or removed after the lapse of said date. You still need to file the proper petition in court which is a proceeding in rem.

tama! parang nag re review lang ako sa land titles nito. ty po hls!

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