What do you do if one day, someone comes up to you and says โGive us your land, we own that! Your grandparents donated that to us.โ
How do you protect your family? What are the laws related to this? This is exactly what happened to Rachel who said:
โAtty, we have a land na binili ng lolo at lola ko more than 20yrs ago and meron po kaming deed of sale sa lupa na yun. Namatay na yung grandparents ko pati yung daddy ko na only child nila and ngayon biglang may naghahabol na kukunin daw yung lupa kase dinonate daw sa kanila. Matagal na din patay yung owner and sa pagkakaalam ko patay na din yung tao na involved sa sinabing donation. Bali family nalang yung naghahabol sa lupa. Sa ngayon kase kami ang nagbabayad ng tax and na sa amin din yung papers nung lupa na yun, ano po pwede gawin sa kanila na legal action? Thank you so much po. God bless!โ
So in this episode about someone claiming your own land, we will talk about:
- How do you check if a donation is legitimate?
- What are the requisites for a valid donation?
- How is a donation registered with the Registry of Deeds?
- How will Rachel deal with this situation?
But before that, weโd like to give a shoutout to Carlo who said:
The tandem of Atty. Erwin and Atty. Ramon is really powerful! I really appreciate how they make understanding the law simpler. I know their main purpose is to really serve our community! Looking forward to learn more from you guys! ๐ค
If you want to get a shoutout as well, leave us feedback at info.legalguide.ph/feedback so we can hear what you think. If youโre having issues transferring your land, we have something that can help.
Generally, after a contract of sale, ownership is transferred over the land when possession of it has been given to the buyer. If the alleged donation was made after the contract of sale and after the transfer of possession over the land, the latter should prevail over the former. If the donation was perfected before the contract of sale, a donation will prevail if valid. Consult your lawyer for the proper legal action if the party in the alleged donation insists on the validity of his or her claim over the land. To remove any doubt about your title, going to court may be necessary.
Additional Resources:
For most of you, this video was more than enough, and if it makes your life easier then you're welcome. But there are those of you who will watch this video and end up asking more questions. If thatโs you, you can access our free recorded FAQ on Transferring Land where we answer the most common questions we get from clients who consult us about real estate. Watch it on https://legalaccess.ph today.
To add to that, people say that our show seems to read what's in your mind and answers them. Well, that's because we base our show on submitted questions from our viewers. Please tell us what you want us to talk about by going to https://legalguide.ph and clicking the Submit topic button. If you want to get a shoutout in our show, please give us feedback at info.legalguide.ph/feedback so we can read what you found helpful and acknowledge you properly.
Last, if you feel we've earned a good rating, please give us a like and subscribe because it gives us feedback and it notifies you about upcoming videos. One last thing... when something unexpected happens, donโt panic. Instead, understand the law so you can validate if itโs a valid threat and if you need to take action to protect your family. If the law says itโs not a credible threat, then you can tell them to take their claims elsewhere with confidence.
So wasn't that simple? Now go make better choices.
