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Buying a titled land but owner has died

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1 Buying a titled land but owner has died on Sun Apr 23, 2017 12:41 am

ardylross


Arresto Menor
I am interested of buying a farm land in our province. However, there are some problems with regard to right of way and land title as will be explain (as much I could) below:

Land Title:

The seller has informed us that he bought that land 10 years ago, however, he did not transfer the title to his name. To make it more complicated, the original owner is already dead several years ago. He told us that all necessary documentation: OCT (from the dead original owner), notarized deed of sale, and land survey are still available and he will give these to us should we buy it.

He never mentioned if the original owner has heirs; he just told us he has been farming the land for a decade without any legal problems.

In this situation, could you please enlighten me with the following:
1. Can I transfer the title to  my name if I will buy the land? What would be the procedures? Or,
2. Can we apply a new OCT instead and if so, what would be the procedures?
3. In case there will be claimant (orig owner heir), is he/she has a right even if the original owner already sold the land (while alive) and the deed of sale have been duly notarized?

Right of Way:

The farm land is situated at the center and there is no access except through an another private lot (undeveloped) which is about 50 meters in order to reach the barangay road.

Can I ask for the right of way on that lot? what would be the procedure?

I am looking forward to your valuable advice.

Thank you.

Ardyl

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2 Re: Buying a titled land but owner has died on Tue May 23, 2017 12:13 am

Tina Gabriela


Arresto Menor
I have a similar problem. The land and the land title was given to him as payment for his professional services 40 years ago . For the past 40 years he took care of the land and paid its taxes . But he failed to transfer the certificate to his name . The donor is dead and there is no written arrangement . How can then be legally transferred to the donee . And can I legally buy it

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3 Re: Buying a titled land but owner has died on Tue May 23, 2017 1:28 pm

Jadis

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Reclusion Perpetua
1. Yes, it is possible but be prepared to pay the necessary penalties and taxes for the transfer of the property.

But first you have to check with the register of deeds if the OCT in the name of the dead original owner exists or has been transferred in another person's name. That is possible if the owner's copy of the OCT had been declared lost and a new one was obtained through a court order.

2. You cannot apply for a new OCT over land that is already registered under the Torrens system.

3. As long as your seller is not an heir of the deceased and is the current possessor of the land, it appears that the heirs might have a difficult time complaining.

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