Dear Attorney,
I recently encountered a troubling situation regarding a piece of land I partially paid for. Here are the details:
I made a partial payment for a plot of land, and the seller provided me with a notarized acknowledgment receipt as proof of payment. Additionally, the seller gave me an affidavit of consent to build a house on the land, which explicitly stated that the land was already sold to me. Based on this, I proceeded to construct a house on the property.
However, I recently discovered that the same seller sold the land to another person, who happens to be a friend of mine, without my knowledge. They completed a Deed of Absolute Sale for the transaction, and now this new buyer is demanding that I vacate the property. The buyer claims that even the most skilled lawyer cannot stop my eviction because they hold the Deed of Absolute Sale, while I only have the acknowledgment receipt.
Given that I was the first to make a payment and my construction of the house was legally permitted by the affidavit of consent, what are my legal rights and options in this situation? Can I be forcibly removed from the property, or do I have a valid claim to the land?
Thank you for your guidance.
Sincerely, A Concerned Buyer
Answer
In situations like yours, several legal principles come into play, particularly concerning the validity of the documents you hold and the actions of the seller.
First, the notarized acknowledgment receipt and the affidavit of consent are crucial pieces of evidence. The acknowledgment receipt proves that you made a payment for the land, and the affidavit of consent further solidifies your claim by stating that the property was sold to you. Moreover, the affidavit authorized you to build on the land, which implies a recognized transaction and partial ownership.
However, the Deed of Absolute Sale executed by the seller in favor of the second buyer is a stronger document in the eyes of the law, as it is typically seen as conclusive evidence of ownership transfer. This puts you in a difficult position, as Philippine law generally upholds the rights of the registered owner (in this case, the second buyer) who holds a Deed of Absolute Sale.
That said, your situation may still provide you with legal remedies. You may have the right to file a case for either specific performance or the nullification of the second sale. In a case for specific performance, you would request the court to compel the seller to complete the sale to you and transfer the title of the property in your name. The court may also nullify the second sale if it finds that the seller acted in bad faith, especially since they acknowledged selling the property to you first.
Additionally, you might have a valid claim for damages against the seller for breach of contract, given that they sold the property to another buyer despite having already accepted your payment and granted you consent to build on the land.
It's crucial to gather all relevant documents, including the acknowledgment receipt, affidavit of consent, any communication with the seller, and evidence of your payment and construction. Consulting with a lawyer specializing in property disputes is essential, as they can help you navigate this complex situation and represent your interests in court if necessary.
The outcome of such cases can depend heavily on the specific facts and evidence, so prompt legal action is advised to protect your rights.