A Deed of Sale of Portion of Land is a crucial legal instrument in Philippine property law used when transferring ownership of a specific portion of a larger land parcel. This document type is essential in situations where landowners wish to sell only part of their property, requiring precise technical surveys and descriptions of the portion being sold. It must comply with various Philippine regulations including the Civil Code, Property Registration Decree, and local government requirements. The deed includes comprehensive details about the property portion, parties involved, consideration, and terms of sale, while also incorporating necessary technical schedules and supporting documents. It's particularly important that this document type addresses subdivision requirements and contains all elements required for subsequent registration with the Register of Deeds.
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1. Parties: Identifies and provides complete details of the Vendor (seller) and Vendee (buyer), including their civil status as required by Philippine law
2. Background: States the ownership history of the land, including the original title number and how the Vendor acquired the property
3. Definitions: Defines key terms used throughout the deed, including technical terms related to land measurement and legal concepts
4. Property Description: Detailed technical description of the portion of land being sold, including exact measurements, boundaries, and technical description as per approved survey plan
5. Consideration: States the purchase price, payment terms, and acknowledgment of receipt of payment
6. Vendor's Representations and Warranties: Warranties regarding ownership, authority to sell, absence of liens or encumbrances unless stated
7. Transfer of Title and Ownership: Explicit statement of transfer of rights and when ownership passes to the Vendee
8. Taxes and Expenses: Allocation of responsibility for transfer taxes, registration fees, and other transaction costs
9. Possession: Terms and timing of turning over physical possession of the property
10. Execution: Formal signing section including space for witnesses and notary public as required by Philippine law
1. Encumbrances: Required if there are existing liens, mortgages, or other encumbrances on the property that need to be disclosed
2. Conditions Precedent: Include if there are specific conditions that must be met before the sale can be completed
3. Subdivision Approval: Required if the portion being sold needs subdivision approval from relevant authorities
4. Environmental Warranties: Include if the property has specific environmental considerations or requirements
5. Right of Way: Include if access to the portion of land requires establishment of right of way
6. Improvements: Required if there are existing structures or improvements on the portion being sold
7. Broker's Clause: Include if a real estate broker was involved in the transaction
1. Schedule A - Technical Description: Detailed technical description of the property including bearings, distances, and coordinates as certified by a licensed surveyor
2. Schedule B - Survey Plan: Approved survey plan showing the portion being sold in relation to the mother title
3. Schedule C - Tax Declarations: Copies of relevant tax declarations and tax clearances
4. Schedule D - Title Documents: Copy of the Original Certificate of Title or Transfer Certificate of Title of the mother lot
5. Schedule E - Payment Terms: If payment is not one-time, detailed schedule of payments and terms
6. Schedule F - Permits and Clearances: Copies of necessary permits, including subdivision approval if applicable
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