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Question on Land Ownership

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1 Question on Land Ownership on Thu Oct 19, 2017 10:36 am


Arresto Menor
Hi. May nabili akong lupa na lately nalaman namin na may kaso kasi may ibang nag claim which means dalawa yung lumalabas na pangalan sa Tax Dec and pareho silang walang titulo. Rent to Own ang payment mode namin with Deed of Conditional Sale, notarized. Now, yung lupa divided among the siblings kasi patay na mga ninuno nila but they said it is under extrajudicial partition and they know who owns who. No problem with that as they say.

My questions:
1. Is my document legal?
2. Am I protected in case matalo ang may ari ng lupa na nakapangalan sa document ko?
3. Pwede ko pa rin ba pagawan ng titulo ang lupa ko even if may conflict?
4. Is extrajudicial partition of estate with absolute sale applicable for my situation?

Thank you.

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2 Re: Question on Land Ownership on Thu Oct 19, 2017 12:54 pm


Reclusion Perpetua
1. depende kung maiaaward talaga yung lupa sa nagbenta sayo.
2. no, pero pwede mo reklamo yung nagbenta sayo.
3. hindi until hindi malinaw kung sino talaga ang may pagaari ng lupa.
4. sila silang magpapartihan ang bahala kung pano nila gagawin ang hatian legally.

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3 Re: Question on Land Ownership on Thu Oct 19, 2017 1:07 pm


Prision Mayor
I am not a lawyer but would like to share my little knowledge: (1) If the land is not TITLED, then IT IS GOVERNMENT LAND. Tax Declaration is NOT A DOCUMENT OF OWNERSHIP, but rather ONLY A DOCUMENT FOR PURPOSE OF REALTY ESTATE TAX due the government parang upa o rent for occupying the land. In short, I understand that occupying such land is only POSSESSORY Right. (2) If it is being Extra-Judicial partition, DENR should be requested. In this case, you can then have that portion applied under Miscellaneous Sale Application to DENR with the owner's Renunciation of his/her POSSESSORY rights over it conveying & transferring the rights to you. Selling or conveying/transferring right on land that is UNDIVIDED among the owner's is not advisable, it will even possible more complicated problems. (3) Strongly advise FIRST OF ALL on any transfer of untitled land is to go to DENR.

Wish you luck -- Ladie

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4 Re: Question on Land Ownership on Thu Oct 19, 2017 2:08 pm


Arresto Menor
How can I get out of this mess? Can I assume the lot to others? Pinatayuan na po kasi namin ng bahay and we are living there now with all other "victims" of this mess.

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