Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

What do we do if landowner is selling the land our house is built on.

View previous topic View next topic Go down  Message [Page 1 of 1]

Arashi1118


Arresto Menor
Hello poh at good day.

I would like to seek for some legal advice with our problem. We have a slightly complicated problem in our hands and I will try and explain as thoroughly as I can.
The land our house is built on is owned by my aunt who has been in the US for at least 30+ years. A few years after acquiring the land (that is registered to her with a TCT), my grandmother asked her if she, my parents and one of my uncles can build a house there to live in. My aunt agreed and from the time they moved there my grandmother started paying for the "amilyar". A few years later, my grandmother moved to the US with my aunt (owner of the lot) and from then on my mother started paying for the "amilyar". That started in 1984 and she is still paying for it today. Throughout that whole time, improvements were made to the original house and the lot turned to a compound with two houses with two families. During the early 2000s my aunt offered to sell the lot to my mother. My mother agreed and they settled on the price of $15,111.00 but they did not settle on a payment date. December last year, my aunt informed my mother that is was time for her to pay for the lot with the agreed $15,111.00. My mother prepared the amount needed as was ready to pay. My fiance's mom is a real estate agent and helped us prepare a deed of absolute sale and a list of the requirements needed to make the transfer of title easy. My aunt refuses to provide all necessary identification because she fears her identity will be stolen in the Philippines. Because of this my mom decided not to buy the lot since we will have major issues when it comes to the transfer of the title. My aunt response to this is that she will sell the lot to someone else instead. My mother told my aunt that if she sells the house to someone else, we should be compensated for the cost of the house.

What I would like to know is, are we builders in good faith and if we are, what rights do we have?
Also, was my mother correct when she said we should be compensated for the cost of the house?

Thank you.

View user profile

attyLLL


moderator
no, you are not a builder in good faith because you knew the property is not yours. you are there on the tolerance of the owner.

is it too late to fix things with your aunt? she can issue a unilateral deed of sale from the US then have it notarized at the philippine embassy or consulate. that way she doesn't have to give you any IDs


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum