At the back of the alley's title there is a memorandum:
no portion
of any street, passageway, waterway or open space so delineated on the plan shall be closed or otherwise disposed of
by the registered owner without the approval of the Court of First Instance of the province or city in which the land is situated. section 50 p.d. 1529
How we could sell the whole property with alley to the new buyer? do we need to attend a hearing in CFI?
According to the buyer and his lawyer and broker, he will first pay the 6 lots (of course with an amount less the alley) then the balance will be paid after the alley issue was resolved, because this could take time according to them.
May habol pa po ba kami sa alley pag nagkapirmahan na sa dead of sale ng 6 lots?
And may nabasa din ako sa section 50 ng pd 1529:
A registered owner desiring to consolidate several lots into one or more, requiring new technical descriptions, shall file
with the Land Registration Commission, a consolidation plan on which shall be shown the lots to be affected, as they
were before, and as they will appear after the consolidation. Upon the surrender of the owner's duplicate certificates
and the receipt of consolidation plan duty approved by the Commission, the Register of Deeds concerned shall cancel
the corresponding certificates of title and issue a new one for the consolidated lots.
So is it mean na pwede na nya ma-consolidate if nasa kanya na yung 6 lots and di na kmi bayaran sa alley?
Need your advise. Thanks!