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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Scenario: A corporation, ABC Realty Corp., sells to a private individual, Mr. Y, a parcel described as: “Lot 18, Block 9, Plan BR-8910, Subdivision Vista, Brgy. Malinis; Tax Declaration TD-5000.” The deed states a price of PHP 12,000,000 and provides for installment payments over three years. The land description in the instrument is limited to the plan reference and a boundary phrase: “bounded by Road Y on the north and River Z on the east,” with no precise metes-and-bounds description and no attached plan showing fixed boundaries. The deed is acknowledged before a notary public. (a) Identify the entries Arts. 407-408 require to appear in a public instrument transferring land. (b) Discuss the effect of the missing or indefinite property description on (i) the instrument’s validity as a public instrument, (ii) the transfer of ownership from ABC Realty Corp. to Mr. Y, and (iii) the instrument’s efficacy to bind third parties or to be inscribed in the Registry of Deeds. (c) If the parties attempt to cure the defect, what steps or instruments are appropriate to perfect title and permit registration?

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The required entries are: (i) the parties' names; (ii) the land location by plan reference only; (iii) the price; (iv) the payment terms; (v) the date; (vi) the place of execution; (vii) the signatures. The required entries are: (i) the full names of the parties; (ii) the tax declaration number; (iii) the price; (iv) the terms of payment; (v) the plan number; (vi) a general boundary description; (vii) the signatures. The required entries are: (i) the full names and civil status of the parties and their addresses; (ii) a definite land description (metes‑and‑bounds or an attached plan showing fixed boundaries); (iii) the price and the terms of payment; (iv) the date and place of execution; (v) a statement that the instrument is a public instrument transferring land; (vi) the acknowledgment before a notary; (vii) the signatures of the parties. The required entries are: (i) the parties' names and addresses; (ii) a definite land description (metes‑and‑bounds or attached plan showing fixed boundaries); (iii) the price; (iv) the payment terms; (v) the date and place of execution; (vi) the acknowledgment; (vii) the signatures.

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