land sale unwritten promise not meet, checking for honest and fair options for us

Hello:

Atty. Jofre here from Recososa Law Firm. Since your matter clearly involves property located in the Philippines, let me walk you through what remedies are legally viable and what strategy usually works in cases like this. You are not alone in this kind of situation. Many families get pressured into land sales because neighbors promise access, easements and shared improvements, then conveniently deny everything after the deed is signed.

Firstly, you need clarity on the exact legal effects of those oral promises. Under Philippine law, agreements concerning the creation of an easement or any condition attached to the sale of land must ideally be in a written instrument. However, verbal agreements and private chat messages are still admissible evidence to show intent, fraud, or bad faith. They do not create a formal easement, but they can establish that the sale was induced by misrepresentation or undue pressure.

Secondly, you must consider whether this situation gives rise to a legal ground to rescind the sale. Under Articles 1330, 1338 and 1390 of the Civil Code, a contract may be annulled or rescinded if consent was vitiated by mistake, fraud or undue influence. What you described is quite concerning because a.) your aunt was told the front neighbor would close the roadway unless she sold, which is coercive, b.) the back neighbor promised fencing and shared use of the access road, which is a material inducement, and c.) both neighbors are now reneging on the very conditions that pushed you to proceed with the sale. If proven, these show fraud or at least actionable misrepresentation.

Thirdly, even if rescission is difficult, you still have strong grounds to demand the enforcement of an easement of right of way. Under Article 649 of the Civil Code, a landlocked property is entitled to a compulsory right of way if there is no adequate access to the public road. Your aunt’s property sits in between two neighbors, and if access is being blocked or threatened, you can file for establishment of an easement by necessity. This is a separate remedy even if the sale remains valid. Courts regularly grant this to prevent exactly the kind of abuse you are facing.

Fourthly, the chat messages you mentioned will matter. They can help you establish a.) that the neighbors agreed to grant access, b.) that your aunt relied on those commitments when she sold, and c.) that withdrawing those commitments now is an act of bad faith. In cases I have handled, courts accept screenshots, Viber messages, Messenger chats and even voice notes as evidence to prove pre contractual assurances. These can justify damages, injunction, or rescission.

Now Atty. Jofre, before deciding whether to reverse the sale or compel an easement, let me ask you something practical. Do you want the property back or do you want guaranteed access and protection from being boxed out? Reversing the sale is legally possible but it involves litigation and requires proof that the neighbors acted in bad faith at the moment of sale. Filing for an easement and injunction may be faster. We can also seek a temporary restraining order to stop the front neighbor from erecting a structure that will block your passage.

Lastly, do not wait for the title to be fully transferred. Once that happens, the buyer becomes a registered owner in good faith unless you annotate a lis pendens or send a written legal notice asserting your right. Timing matters here.