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Legal Questions answered by Lawyers
Browse our 658 legal questions and the lawyer answers, or ask your own questions for free.
- Who has the legal right to own a property: the one with the Tax Dec with the name of the deceased father (still not transferred by other claimants for 20 years) or the one with the copy of Deed of Absolute Sale of the property showing that it was sold by
- Based on the facts you provided, here’s a legal analysis comparing ownership rights between:A. The Heirs of the Deceased Father (name on the Tax Declaration),versusB. Your Side (Buyers who possess a Deed of Absolute Sale, paid real property taxes, planted trees, and occupied the land for over 20 years)Legal Principles to Consider1. Tax Declaration (Tax Dec)A Tax Declaration is not proof of ownership; it’s evidence of possession or a claim of ownership.The fact that it still bears the name of the deceased father means no formal transfer of title or succession has occurred.Tax Decs can support claims of ownership, but they don't override a valid deed or actual possession.2. Deed of Absolute Sale (DOAS)A DOAS is proof of a sale and an agreement to transfer ownership.If it is:Validly executed (signed, notarized, by someone with capacity),Relating to the same land in question,And if you have taken possession and paid taxes,then it is strong legal evidence of ownership, even if not yet registered.3. Payment of Real Property TaxesWhile not conclusive proof of ownership, consistent payment supports your claim of open and notorious possession and recognition by the State (LGU).4. Open, Continuous, Exclusive, and Notorious Possession (OCEN)Under the doctrine of extraordinary acquisitive prescription (under civil law, particularly in the Philippines Civil Code), if you have:Possessed the land publicly, peacefully, and in the concept of an owner,Continuously for over 30 years without need of title,then you may acquire ownership by prescription, even if the property is not yet titled.In ordinary prescription, 10 years with just title (like a DOAS) and good faith can suffice.5. Succession LawThe deceased’s heirs are co-owners by succession, but if they’ve taken no steps for 20 years to assert their rights, and the buyers have acted as owners, this may weaken their claim, especially under laches (failure to assert rights timely).Conclusion: Who Has the Stronger Legal Right?You (Buyers / Possessors) have the stronger legal claim if:The Deed of Absolute Sale is valid, showing sale from the deceased to your father.You have paid property taxes continuously.You’ve been in continuous, peaceful, public possession in the concept of an owner for more than 20 years.The other side never asserted their rights or disrupted your possession.If the property is unregistered, your case is even stronger, especially if prescription applies.What You Can Doverify:Validity of the DOAS.Whether prescription has been completed (based on exact years and possession facts).Apply for judicial confirmation of ownership (if Philippine jurisdiction), or start reconstitution and registration process under your name.Gather supporting proof:Tax receipts.Witness statements.Tree planting records or photos.Boundary surveys showing occupation.If you let us know which country this is (e.g., Philippines, Latin America, etc.), we can cite the specific laws that apply to your case.
- Divorce/chid custody and responsibility
- She cannot travel out without the written consent of the father. You need to contact a family lawyer quickly to advise you on the area of legal custody of the child. Contact me via mail [email protected] or call/Whatsapp 08089901606.
- Can i divorce on grounds of infidelity
- Yes. It is one of the grounds for divorce.Conract me via mail [email protected] or call/Whatsapp 08089901606.
About Hiring a Lawyer
Hiring a lawyer can seem like a daunting task, but it can be broken down into manageable steps. First, identify the type of legal help you need, as lawyers often specialize in particular areas such as criminal law, family law, or corporate law. Next, research potential lawyers or law firms by reading reviews and checking credentials. It is important to set up consultations to discuss your case, understand their approach, and determine costs. Ensure the lawyer you choose is someone you feel comfortable communicating with and who clearly understands your legal needs.
Why You May Need a Lawyer
People may need legal help in various situations. Common scenarios include facing criminal charges, dealing with divorce or custody issues, drafting or contesting a will, handling business contracts, or pursuing compensation for accidents or injuries. A lawyer’s expertise is crucial in navigating these complex issues, ensuring legal rights are protected, and achieving the best possible outcomes.
Local Laws Overview
Understanding local laws is essential when seeking legal advice, as laws can vary significantly by jurisdiction. Key aspects include statutes of limitations, which dictate how long you have to file a lawsuit, zoning laws affecting real estate and business operations, and consumer protection laws guarding against unfair trade practices. Familiarize yourself with these regulations and how they specifically impact your legal situation.
Frequently Asked Questions
What should I bring to my initial consultation with a lawyer?
Bring any relevant documents, such as contracts, legal notices, or court papers. Prepare a list of questions and be ready to discuss the details of your case.
How are lawyers’ fees structured?
Lawyers may charge hourly rates, flat fees, or contingency fees (a percentage of the awarded amount in certain cases). Discuss the fee structure upfront.
Can I negotiate legal fees?
Yes, in many cases you can negotiate fees or set up payment plans. It’s important to discuss this before hiring a lawyer.
What is attorney-client privilege?
Attorney-client privilege is a legal principle that ensures confidentiality between a lawyer and their client, protecting communications from being disclosed without the client’s permission.
How do I know if a lawyer is qualified?
Check the lawyer’s credentials, such as their education, professional associations, and state bar membership. Reviews and testimonials can also provide insights into their reputation and expertise.
What happens if I can't afford a lawyer?
You may be eligible for legal aid, which offers free or low-cost legal services to individuals with limited income. Some lawyers also offer pro bono services.
What if I want to change my lawyer?
You have the right to change your lawyer if you believe your current lawyer is not representing you adequately. Be sure to review the terms of your agreement regarding any potential fees or conditions.
How long will my case take to resolve?
The duration of a legal case varies widely based on its complexity, the legal process involved, and the court's schedule. Discuss timelines with your lawyer to get a better idea for your specific situation.
Are consultations with lawyers always free?
Not always. Some lawyers offer free initial consultations while others may charge a fee. It’s advisable to confirm this beforehand.
Can lawyers handle legal matters out-of-court?
Yes, many legal matters can be resolved through mediation, arbitration, or settlement discussions without going to court, often resulting in timely and cost-effective solutions.
Additional Resources
Considering the complexity of legal matters, the following resources can be valuable: local Bar Associations, which can provide lawyer referrals; government websites that detail consumer rights and local laws; and legal aid organizations that offer assistance to those unable to afford a lawyer. Additionally, online directories and review sites can help you research and choose competent legal representation.
Next Steps
After determining your need for legal assistance, start by researching potential lawyers or firms in your area of concern. Schedule consultations to discuss your case in detail and assess how well the lawyer understands your needs. Once you’ve selected a lawyer, begin gathering documents and any evidence pertinent to your case. Maintain open and honest communication with your lawyer to ensure a strong working relationship. Remember, getting the right legal help is crucial to navigating and resolving your issues effectively.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.