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recovery of donated land because of fraud

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1 recovery of donated land because of fraud on Tue Aug 06, 2013 9:38 pm

daledaniel


Arresto Menor
Hello, I bought 3 hectors of farm land. Then it became known that the owners brother had a house on the lot. The brother , his wife and three children. The brother signed off on the sale as did the rest of the owners. Then it became a concern that the brother in the house really had no place to go and would be homeless. After discussing the situation with my wife and the others in the party my wife and I decided that it would be to much to bear to render the brother and his family in to homelessness. So we decided to donate 2000 sq. mtrs. of land with the house and a right of way to the road to the brother and his family. The attorney created a contract of of donation and we signed it. Now, as it turns out, we had the lot surveyed and it was discovered that the house that the brother told us was on the lot we purchased was in fact not within the lot that we purchased . The house is on the lot next to ours. Now the brother is determined to keep the lot we donated. We offered to pay the brother for the house and the owner of the lot the house is on. The brother refused the offer. As it is now the brother was never in any danger of loosing the house due to my purchasing the lot. Question , can I have the donated land contract rendered null and void be cause of the situation not being as it was told. I want the donated land back. The reason for the donation was to save the house for the brother and his family. The reality is that the House was never in any danger of being bought out from under him. I feel that I have been duped or defrauded in to the donation contract. The value of the 2000 sq-mtrs is 50.000p the price I paid. Receiving the donated land back to me will not have any effect on the brother or his family. Thank you for your time and advice.

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2 Re: recovery of donated land because of fraud on Thu Aug 08, 2013 5:02 pm

Lunkan


Reclusion Perpetua
But you can't donate something, which isn't yours Smile so it can't be a legal donation, so it would be annulated by a court, I asume.
But as you understand it's better to find agreement with neighbours.

What do that land owner say? Do he say OK to you buy that land part? If so you CAN donate it Smile although date has to be changed to after you had bought it. =Everyone can be happy.
IF the brother try to stop such solution of some odd reason, or any other reasonable solution, you can tell the donation of NOT your land can't be legal. Let a lawyer tell it, or baranggay official, if the brother don't believe you. Some baranggays are good, some are crap, at solving disputes, they even have a type of "court" for small cases, so as SECOND alternative - after you/your spouse talk with therm yourself - you can try the baranggay.

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3 Re: recovery of donated land because of fraud on Fri Aug 09, 2013 4:28 pm

daledaniel


Arresto Menor
hello, thank you for your response. What we did is to go ahead and donate 1000SQMTRS of my lot to the brother. The situation would have resulted in a farmer with a wife and 3 kids in a house that is on somebody eleses land and he would have no land for him self. Basically , I was worried the there would be enemy's created and the future would be uncertain for my family. I had to ask myself "what would Jesus do?" so, as you suggested , the family of the brother are happy with the deal and were talking about they could raise pigs and some gropes on 1000 sqm. I imagine there must of been a lot of anxiety because of the sudden prospect of being uprooted and left land less. By the way , he is now the proud single owner of a lot and has something for his children when the time comes for him. We feel good about the outcome. Thank you for your help D.D.

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4 Re: recovery of donated land because of fraud on Fri Aug 09, 2013 11:46 pm

Lunkan


Reclusion Perpetua
Thumbs up!
Yes, you got a happy neighbour because of you,
and because it's farmland (?) I suppose it cost less than it's worth to get friendly neighbours.

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