Aquaries0805 wrote:Thank you po for the response. In their case po kasi parang they have no plan in taking action regarding the partition of land, dahil po dyan ok lang po ba na pagawan nalang namin ng extra judicial settlement yong nabili naming lupa for us to be secure?
No, ang extra judicial settlement ay para lamang po sa mga heirs dahil ito po magiging kasunduan nilang lahat sa paghahati ng lupa. Kung may disagreement sila, anyone of them can initiate ang action of partitation before the RTC of the place where the land is situated.
is anotation in the title an option? If it is, which is better/safer to have an extrajudicial settlement or an annotation in the title?
yes, annotation of encumbrance over the land in dispute is also an option to protect your right over land and using the deed of sale, which must be in a public instrument, as a basis of your claim, you can inquire the respective Register of Deeds (RD) on the proper steps to take in this regard.
the only problem i see in this that since hindi pa nga partitioned or nahahati yung lupa, the RD will not be able to determine kung anong part ng kabuuang lupa ang sakop ng annotation sa iyo but definitely the annotation of encumbrance will have its effect on the whole land and will give sufficient notice to any prospect buyer who may be interested and dealt with by the heirs in the future.
as to the question which is a better/safe thing to do, the extrajudicial settlement of the land is a better and more practical option dahil once na may agreement na ng hatian ng lupa ang mga heirs, the RD can now issue new Transfer Certificate of Title sa bawat hatian ng lupa at you can directly ask the RD na ipangalan na sa iyo yung lupang nabili on the basis of the deed of sale na hawak mo.
kung magmamatigas sila, baka mapilitan kang mag file ng kaso sa kanila either to assert your claim over the land or to rescind the sale of the land and compel to return your money with interest.
anyways, in either way, you will need to hire a lawyer to properly assess the facts of your case and plan the proper legal actions.
Thank you so much again. I really appreciate the effort of reading and answering my question.