Buying Right-of-Way

Good day Ma'am/Sir.

Our family is planning to buy a right-of-way, since our land is too far from the main road. A neighbor has agreed to provide a part of their property for the said development. The problem is, however, the land title belongs to the neighbor's deceased father, and it hasn't been partitioned and transferred to the children yet. So, question is, how can we proceed with this agreement? Would it be legally acceptable if we make a contract stating that all of the heirs [say all 6 siblings] agreed with the acquisition, and have them sign it?

Thank you very much!

Oh, I'm sorry, can I add to that? Just found out that some siblings are already living abroad, and might not be available to sign an agreement, if ever necessary. What are the complications of that? The thing is that only a small bit of their land should be enough. Can't they just have a representative; or maybe representatives, say half of them?

Again, thank you.

someone has to pay for the estate taxes before any transfer of property can be made.

you can still enter into an agreement and have it annotated on the title in the meantime. those abroad can issue SPAs at the Philippine embassy or consulate

Okay, thank you very much for the response. Good evening!

Hi! Can I have a follow-up question? We're a bit worried about the permanence of buying only a right-of-way. Is this written agreement enough to secure they wouldn't claim it in the future, given that we have no title at hand?

sir ask ko lng kung ano pwede gawin kase nkabili po ako ng 1500sq. meter pero half palang ang nbabayad ko 300k ang nbigay ko kaya lng patay na ung ngbenta pano po un my right pa din po ba ako na humabol kung ang anak ang wife ay hindi nkapagsign pa sa contract na pinirmahan nmen...pero right lng po un ...bale tenant po ang ngbenta smen
pahabol po pano po kung ang benentang lupa po pala ay d pa po narelease sa DAR...sigurado po ba na makakakuha po ng transfer of deed and anak ng ngbenta skin...dhil pagaari po ng hacienda ...nguguluhan po kse ako...dhil tenants lng po ang ngbenta po sa akin at sbe to be approved plang ang transfer of deed sa lupa..
pls do reply
thanks...

phoenix, have it annotated on the title

miravidad, talk to the heirs. you can still claim

Alright, thanks again Atty.