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Deed Of Absolute Sale Without Title

Deed Of Absolute Sale Without Title Template for Philippines

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Key Requirements PROMPT example:

Deed Of Absolute Sale Without Title

"I need a Deed of Absolute Sale Without Title for a 500-square-meter residential property in Cebu, Philippines, with installment payments spread over 6 months starting March 2025, including strong warranties about peaceful possession for the past 30 years."

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Document background
The Deed of Absolute Sale Without Title is a specialized legal instrument used in the Philippines when transferring ownership of real property that lacks formal title documentation. This document type is particularly relevant in situations involving ancestral lands, long-term possessory rights, or properties where formal titles were never issued or have been lost. The deed must include enhanced protective clauses and detailed property descriptions to compensate for the absence of a formal title. It requires specific elements such as tax declaration histories, proof of peaceful possession, and local government certifications. The document must comply with Philippine civil law requirements, property registration regulations, and local government procedures. While more complex than standard property sales, this deed type serves a crucial role in Philippine real estate transactions where formal titles are absent but legitimate property rights exist.
Suggested Sections

1. Parties: Identification of the Vendor/Seller and Vendee/Buyer with complete names, civil status, citizenship, and addresses

2. Background: Context of the sale and explanation of the untitled status of the property

3. Definitions: Key terms used in the deed including 'Property', 'Purchase Price', 'Effective Date'

4. Property Description: Detailed description of the property including exact measurements, boundaries, and location

5. Consideration: Purchase price, payment terms, and acknowledgment of receipt

6. Vendor's Representations and Warranties: Seller's declarations regarding ownership, possession, and right to sell the property

7. Rights and Obligations of the Parties: Specific responsibilities of both parties including documentation and registration requirements

8. Possession and Transfer: Terms of physical possession transfer and risk allocation

9. Taxes and Expenses: Allocation of transfer taxes, registration fees, and other transaction costs

10. Governing Law: Specification of Philippine law as governing law

11. Attestation: Formal signing section with witnesses and notary requirements

Optional Sections

1. Prior Occupancy Details: Used when there is a history of previous occupants or claims that needs to be disclosed

2. Tax Declaration History: Include when there are existing tax declarations that help establish ownership history

3. Adverse Claims Declaration: Used when there are known potential claims against the property that need to be addressed

4. Payment Terms: Include if payment is not made in full at signing but involves installments or conditions

5. Power of Attorney: Include when either party is represented by an attorney-in-fact

6. Spouse's Consent: Required when the seller is married and the property is conjugal

Suggested Schedules

1. Schedule A - Property Details: Detailed technical description of the property including survey plans and boundaries

2. Schedule B - Tax Declarations: Copies of relevant tax declaration documents

3. Schedule C - Proof of Ownership: Documentation supporting seller's claim of ownership (tax receipts, sworn statements, etc.)

4. Schedule D - Barangay Certification: Local government certification of property possession and location

5. Appendix 1 - Property Sketch: Technical drawing or sketch of the property with measurements

6. Appendix 2 - Photo Documentation: Recent photographs of the property and its boundaries

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Property
Vendor
Vendee
Purchase Price
Closing Date
Effective Date
Tax Declaration
Transfer Date
Possession
Actual Occupancy
Prior Occupants
Improvements
Encumbrances
Adverse Claims
Property Boundaries
Technical Description
Municipality/City
Barangay
Local Government Unit
Documentary Requirements
Transfer Taxes
Registration Fees
Rights of Way
Peaceful Possession
Historical Claims
Tax Payment History
Owner's Duplicate Copy
Certification of No Improvement
Adjacent Owners
Survey Plan
Legal Fees
Material Adverse Effect
Business Day
Force Majeure
Governing Law
Proof of Ownership
Physical Possession
Occupancy Rights
Relevant Industries

Real Estate

Property Development

Agriculture

Construction

Banking and Finance

Legal Services

Property Management

Urban Development

Rural Development

Investment

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Documentation

Land Acquisition

Due Diligence

Risk Management

Property Administration

Corporate Services

Relevant Roles

Real Estate Lawyer

Property Manager

Land Registration Officer

Real Estate Broker

Legal Counsel

Compliance Officer

Property Developer

Real Estate Agent

Title Examiner

Land Surveyor

Notary Public

Real Estate Administrator

Property Acquisition Manager

Legal Documentation Specialist

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary law governing contracts, sales, and property rights in the Philippines. Particularly relevant are Articles 1458-1637 on Sales and Articles 1305-1422 on Contracts.
Property Registration Decree (Presidential Decree No. 1529): Governs the registration of real property and provides the framework for dealing with untitled lands and the process of title acquisition.
Public Land Act (Commonwealth Act No. 141): Provides regulations regarding public lands and the process of acquiring titles, particularly relevant for untitled properties.
National Internal Revenue Code: Covers tax obligations related to property sales, including capital gains tax, documentary stamp tax, and other applicable taxes.
Local Government Code (Republic Act No. 7160): Governs local government requirements for property transfers, including payment of real property taxes and securing tax clearances.
Republic Act No. 6657 (Comprehensive Agrarian Reform Law): Must be considered if the untitled property is agricultural land, as it may be subject to agrarian reform regulations.
Land Registration Authority (LRA) Regulations: Administrative guidelines and requirements for dealing with unregistered lands and property registration procedures.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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