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nakasanla ang inuupahang lupa

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1 nakasanla ang inuupahang lupa on Thu Feb 23, 2017 10:53 pm

khim020


Arresto Menor
Goodmorning po.. I need legal advice po, sa ngayon meron kaming inuupahang fishpond. Meron po kaming kasunduan na tatlong taon na upa at binayaran namin ng buo ang tatlong taon. Nagkaroon kami ng kasulatan sa baranggay. Nag invest kami ng pera pati sa pagpapaayos ng fishpond sa kaalamang magagamit namin ito ng tatlong taon.Ngayon ay isang taon na kami doon at nag uumpisa palang magnegosyo pagkatapos namin ipaayos at palaliman ang fishpond. Now, nalaman po namin na nakasanla pala ang inuupahan namin na fishpond at naremata na. Hindi na hawak ng may ari na nagparenta sa amin ang titulo. Ngayon may bibili na ng lupa kaya mapapaalis na kami doon. Malaki na po ang nagastos namin at wala pang bumabalik sa amin. Ang gusto po ng bibili ay di na namin magagamit ang lupa once na nabayaran na nya.Ang sabi din po nila mababalewala ang pag uusap namin sa barangay dahi hindi na hawak ng may ari ang titulo ng lupa. Ano po ang magandang gawin, may laban po ba kami dahil meron kaming kasulatan sa barangay? o mbabalewala po lahat ng hirap namin? ano po ang magandang aksyon pra dito.. Maraming salamat po.

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2 Re: nakasanla ang inuupahang lupa on Thu Feb 23, 2017 11:37 pm

Lunkan


Reclusion Perpetua
My Tagalog is bad, so I don't understand much of your message, but you have perhaps use of this Smile

"nakasanla ang inuupahang lupa"
A/ If you mean it's used as collateral by other than the TITLE owner, that's not legal. That's NOT a problem for the land owner, but a case between lender and borrower. The land CAN'T be taken by Foreclosure process by it wasn't signed by the land owner.

B/ If you mean you have a long time LEASE CONTRACT at land owned by other and the land owner sell or lose the land by Foreclosure, that's NOT a problem for you* because lease contracts follow the PROPERTY UNDEPENDING of who is the owner.

*Asuming you have a valid contract.
And asuming courts follow the laws... Smile

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3 Re: nakasanla ang inuupahang lupa on Fri Feb 24, 2017 1:37 am

khim020


Arresto Menor
Lunkan wrote:My Tagalog is bad, so I don't understand much of your message, but you have perhaps use of this  Smile

"nakasanla ang inuupahang lupa"
A/ If you mean it's used as collateral by other than the TITLE owner, that's not legal.  That's NOT a problem for the land owner, but a case between lender and borrower. The land CAN'T be taken by Foreclosure process by it wasn't signed by the land owner.

B/ If you mean you have a long time LEASE CONTRACT at land owned by other and the land owner sell or lose the land by Foreclosure, that's NOT a problem for you* because lease contracts follow the PROPERTY UNDEPENDING of who is the owner.

*Asuming you have a valid contract.
And asuming courts follow the laws...   Smile



we have leasing contract for three years and paid it full. what we didnt know is the land was mortgaged to other people before us. And it was foreclosed. Now what we only have is the written agreement signed and sealed by the barangay and barangay chairman. One buyer wants to buy that land and told us that once he pay the land, we cant no longer use the fishpond anymore and the agreement with the owner and us in barangay will not be valid because we had agreement while the land is not in his name anymore.

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4 Re: nakasanla ang inuupahang lupa on Fri Feb 24, 2017 4:15 am

Lunkan


Reclusion Perpetua
khim020 wrote:
we have leasing contract for three years and paid it full. what we didnt know is the land was mortgaged to other people before us. And it was foreclosed. Now what we only have is the written agreement signed and sealed by the barangay and barangay chairman. One buyer wants to buy that land and told us that once he pay the land, we cant no longer use the fishpond anymore and the agreement with the owner and us in barangay will not be valid because we had agreement while the land is not in his name anymore.
A main law is lease contracts follow the property undepemding of who is owner
BUT it ISN'T ok for he, who leased it to you, to make the deal AFTER he knew it will be Foreclosed soon.
I don't know when it switch from valid to not. I don't know, perhaps not ok even after he got the loan, because a lease contract can lower the value of the property.
When did you get the lease compared to the Foreclosure and compared to the loan?

Anyway - Tell the new owner you don't agree, including telling why.
It will be up to the new owner to make a case to force you away.
If you hadn't paid the lease for the whole period (as I understand it as you have ? ) then it would perhaps had been some better chance to get the new owner to let you stay and pay the rest of the leasing fee to HIM.

YOU haven't done anything wrong, BUT UNCLEAR if it will be:
A. You have right to the lease.

B. The new owner have right to force you away. BUT if so, you can make a demand to get back the money from the old owner, and perhaps what he did was even criminal. (Depending of what happened.)

C. IF the financing can be solved (by loan is ok) then an option can be to use the buy back paragraph the old owner has when a property is Foreclosed. Such need to be done within a year.. Then you can BUY the property from the old owner. Of course minus the lease fee you have paid allready Smile (and some less because of the inconvinience for you.) If the old owner have made something criminal, then avoid the case to be filed can be enough compensation for him Smile

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