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Free Guide to Hiring a Real Estate Lawyer
Conveyancing refers to the legal process of transferring property ownership from one individual to another. In San Juan, Philippines, this process involves several steps, documentation, and compliance with both national and local regulations. Whether you are buying, selling, or inheriting property, understanding the legal framework is crucial. Conveyancing helps ensure that the property transaction is valid, legally binding, and recognizes the lawful ownership change in public records. The process often includes drafting and notarizing deeds of sale, securing tax clearances, and registering the transaction with the relevant government agencies.
Engaging a lawyer during conveyancing can help you avoid costly mistakes and legal pitfalls. Here are some common scenarios where legal assistance is recommended:
Legal counsel can protect your interests and help you understand your rights and obligations throughout the process.
Conveyancing in San Juan is primarily governed by national laws, including the Civil Code of the Philippines, the Property Registration Decree (Presidential Decree No. 1529), and its enabling regulations by the Land Registration Authority (LRA). Local ordinances in San Juan also affect real property taxation and zoning regulations.
Key legal steps include:
The process can be complex, as San Juan requires strict compliance with national and city-specific requirements, especially for taxes and real property records. It is essential to deal only with registered and verified titles and legitimate parties.
The first step is typically to verify the authenticity of the property title and ensure there are no liens or encumbrances by requesting a certified true copy from the local Registry of Deeds.
Yes, the Deed of Sale or other conveyance documents must be notarized for them to be legally binding and acceptable to government agencies.
By customary practice in the Philippines, the seller pays the capital gains tax and unpaid real property taxes, while the buyer covers the documentary stamp tax, transfer tax, and registration fees unless otherwise agreed.
Status can be checked by securing a certified true copy of the title and tax declaration, then conducting a due diligence investigation with the Registry of Deeds and the Assessor’s Office.
The process can take anywhere from a few weeks to several months, depending on the completeness of documents and any legal or administrative issues encountered.
While not always legally required, hiring a lawyer is highly recommended for legal counsel, document preparation, and risk mitigation.
Typical documents include the notarized Deed of Sale, Transfer Certificate of Title, updated Tax Declaration, Real Property Tax Clearance, government IDs, and proof of payments of taxes and fees.
If issues arise, such as spelling errors or technical errors on the title, legal action or administrative correction may be required before proceeding with the transfer.
Foreigners are generally not allowed to own land in the Philippines, but they may acquire condominium units subject to certain restrictions.
After completion of all steps and registration at the Registry of Deeds, the new owner will be issued a Transfer Certificate of Title under their name.
For those seeking more information or assistance, the following government offices and organizations can provide support on conveyancing matters in San Juan:
These offices can provide guidance on requirements, procedures, and official forms needed in San Juan.
If you need legal assistance with conveyancing in San Juan, consider the following actions:
Legal guidance can help you navigate the complexities of property transfer, promote a smooth transaction, and avoid unexpected issues or disputes.
