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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Scenario: Nova Terra Realty, Inc., a corporation, executes a deed of absolute sale in favor of Elena Cruz, a private individual, over a parcel described as: Lot 25, Block 5, Plan BR-9400, Subdivision Emerald Ridge, Brgy. Santa Lucía; Tax Declaration TD-12345. The instrument states the price as PHP 6,000,000 and provides for installment payments over three years. The land description in the instrument is limited to the plan BR-9400 and a boundary phrase: 'bounded by Road B on the north and Creek C on the west,' 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 Nova Terra Realty, Inc. to Elena Cruz, 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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0: A public instrument transferring land must contain: (i) the full names and nationalities of the parties; (ii) the civil status and residence of the parties; (iii) a definite land description identifying the property by lot, block, and plan (or an attached plan showing fixed boundaries); (iv) the price and terms of payment; (v) the date and place of execution; (vi) the notarial acknowledgment; (vii) the designation of the instrument as a sale and the capacity of the seller. 2: The instrument must contain: (i) the names of the parties; (ii) the land description that identifies the property by plan BR-9400 with its boundaries; (iii) the price and payment terms; (iv) the date and place of execution; (v) the notarial acknowledgment; (vi) the instrument’s nature as a sale. 4: The instrument must contain: (i) the parties’ names; (ii) the land description by plan alone; (iii) the price; (iv) the schedule of payments; (v) the date; (vi) the place; (vii) the tax declarations. 3: The instrument must contain: (i) the parties’ names; (ii) the exact metes-and-bounds description or an attached survey plan; (iii) the price; (iv) the terms; (v) the date; (vi) the place; (vii) the notary.

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