A Deed of Absolute Sale of Registered Land is a crucial legal instrument in Philippine property law, used when transferring ownership of real property that has been registered under the Torrens system. This document is required whenever there is a complete and absolute transfer of ownership of registered land in exchange for a consideration. It must comply with the requirements of the Civil Code of the Philippines, the Property Registration Decree (PD 1529), and other relevant laws governing property transfers. The deed serves as the basis for the issuance of a new Transfer Certificate of Title in the buyer's name and must include specific provisions mandated by law, such as the proper identification of parties, technical description of the property, and various warranties. It's essential that the document be properly executed, notarized, and registered to ensure the legal transfer of property rights.
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Key Requirements PROMPT example:
Deed Of Absolute Sale Of A Registered Land
"I need a Deed of Absolute Sale of Registered Land for selling my residential property in Manila to an individual buyer, with the sale to be completed by March 2025; the deed should include standard warranties and tax provisions for a straightforward individual-to-individual sale."
1. Parties: Identifies and provides complete details of the Vendor(s) and Vendee(s), including their civil status, nationality, and addresses as required by Philippine law
2. Background: Establishes the Vendor's ownership of the property, including details of the current title certificate
3. Definitions: Defines key terms used throughout the deed
4. Property Description: Detailed technical description of the land as it appears in the title, including lot number, plan number, boundaries, and area
5. Consideration: States the full purchase price and terms of payment, with acknowledgment of receipt
6. Absolute Sale: Declaration of absolute and unconditional transfer of ownership
7. Warranties: Vendor's warranties regarding ownership, absence of liens and encumbrances, and right to sell
8. Taxes and Expenses: Allocation of responsibility for transfer taxes, registration fees, and other expenses
9. Possession: Provisions regarding the delivery of physical possession of the property
10. Registration and Title Transfer: Obligations regarding the transfer of title and registration with the Registry of Deeds
11. Execution: Formal signing section with notarial acknowledgment
1. Marital Consent: Required when the seller is married, containing spouse's consent to the sale
2. Power of Attorney: Required when any party is acting through an attorney-in-fact
3. Special Conditions: Any special terms or conditions of sale specific to the transaction
4. Existing Tenancy: Details of any existing tenants and arrangements regarding their occupancy
5. Environmental Warranties: Additional warranties regarding environmental condition of the property
6. Subdivision Approval: Required when the sale involves a portion of a larger lot
7. Foreign Ownership Compliance: Required when the buyer is a foreign national or entity, confirming compliance with foreign ownership restrictions
1. Title Certificate: Copy of the current Transfer Certificate of Title or Original Certificate of Title
2. Tax Declarations: Current real property tax declarations and clearances
3. Technical Description: Detailed technical description of the property including surveys and plans
4. Tax Identification: Tax identification documents of both parties
5. Real Property Tax Clearance: Certification of payment of real property taxes
6. Special Power of Attorney: If applicable, documents authorizing representatives to act on behalf of parties
7. Marriage Certificate: If applicable, proof of marriage status for married sellers
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Real Estate Transaction Manager
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