Dear Attorney,

Good evening, I would like to seek legal advice regarding a piece of land my mother bought. The land is 10 square meters, and we have been using it for nine years. Recently, the sibling and mother of the seller are trying to take the land back, claiming ownership. We only have a signed document from the seller. Additionally, the seller's sibling built a structure next to our land and used our wall as part of their construction. What should we do?

Concerned Landowner

Insights

1. Legal Ownership and Valid Sale

In the Philippines, property ownership is primarily proven through a valid title or, in the case of unregistered land, by other legally recognized documents. A contract of sale, even if written and signed by the seller, may not suffice to prove ownership without proper registration. Under Article 712 of the Civil Code of the Philippines, ownership can be acquired and transferred by contract but must be registered with the Register of Deeds to affect third parties. Without such registration, the document only binds the parties involved but not the rest of the world.

For property transactions, the absence of a notarized deed of sale and registration may make the transfer of ownership incomplete, leading to potential disputes, as in this case. If the land has been under the buyer’s possession for a significant period, it may provide grounds for the application of legal doctrines such as acquisitive prescription or the protection offered under the concept of "quieting of title."

2. Doctrine of Acquisitive Prescription

The law in the Philippines recognizes acquisitive prescription, a mode of acquiring ownership through the possession of the property for a period set by law. Under Article 1134 of the Civil Code, ownership and other real rights over immovable property are acquired by ordinary prescription through uninterrupted possession for ten years, provided the possessor is in good faith and has just title. Good faith is presumed if the possessor genuinely believes that they have the right to possess the land. In this case, if the buyer (the letter sender's family) has possessed the property in good faith for nine years, they might soon be eligible to invoke the doctrine of acquisitive prescription, depending on the circumstances surrounding their possession and title.

However, it is crucial to clarify that the property must be possessed continuously, openly, and under the claim of ownership. Interference by the seller or their family members could potentially disrupt the continuity required for this claim. The issue of adverse possession must be closely analyzed by a lawyer, as it can significantly influence the resolution of the case.

3. Quieting of Title

When disputes arise regarding property ownership or when there are challenges to the rightful possession of the land, a legal remedy called an "action for quieting of title" can be pursued. Under the Civil Code, this action is available to any person who believes their ownership or possession of a piece of land is being disturbed by others who assert an adverse claim. Quieting of title is a judicial remedy that seeks to remove any cloud or doubt on the property's title.

If the claimants (the seller’s family) are threatening the buyer's peaceful possession of the land, the buyer can file for quieting of title in court to settle the matter once and for all. This legal process will require proving continuous possession, the legality of the sale, and any actions that might have interrupted the possession period.

4. Boundary and Wall Disputes

The second issue in this scenario is the construction of a structure by the seller’s sibling, which has allegedly incorporated the buyer’s wall. This situation potentially raises two legal issues: boundary disputes and the right to property.

First, under Article 429 of the Civil Code, the owner has the right to exclude any person from the enjoyment and disposal of their property. If the sibling of the seller used the buyer’s wall without permission, it may be considered a violation of the buyer’s property rights. The proper course of action would be to demand the removal of the encroaching structure or seek compensation through legal proceedings.

Additionally, if the construction affects the boundary of the property, a survey and verification of land boundaries might be necessary to resolve any overlapping claims. The buyer can request the assistance of a geodetic engineer to ascertain the exact property lines, followed by filing a complaint for ejectment or removal of the structure if proven to encroach upon the buyer’s property.

5. Lack of Written Title and Possible Solutions

A key concern is the absence of a formal title or notarized deed of sale in this case. In land disputes, the importance of having a properly executed and notarized deed of sale cannot be overstated. Notarization elevates the document's probative value and makes it a public document, which is admissible as evidence without the need for additional authentication.

In the absence of a formal title, the buyer may still try to enforce the sale if the seller voluntarily signed the sale agreement and the transaction was consummated. A court may uphold the sale based on testimonies, documentary evidence, and the long period of possession, especially if the buyer has made substantial improvements to the land and has exercised ownership rights for a considerable period. Nevertheless, without proper documentation, this could result in a lengthy court battle.

Alternatively, if amicable settlement is possible, both parties may choose to regularize the sale by executing a notarized deed of sale and subsequently registering the transaction with the Register of Deeds to avoid future disputes.

6. Legal Remedies and Next Steps

In summary, the buyer may consider the following steps:

Consult a Lawyer: Seek legal advice from a property lawyer to evaluate the validity of the possession and whether it qualifies for acquisitive prescription or quieting of title.
Demand Letter: A formal demand letter may be sent to the seller’s family, asserting the buyer’s right over the property and demanding them to cease from encroaching or interfering.
File Legal Actions: If necessary, the buyer can file for quieting of title or ejectment in court, depending on the severity of the interference and boundary issues.
Regularize Ownership: If possible, execute a notarized deed of sale and register the transaction with the Register of Deeds to secure legal ownership.

These steps should help the buyer protect their property rights and resolve the dispute in a lawful and efficient manner.