Wednesday, October 4, 2017

Sample Form: Deed of Sale of Unregistered Land

(This form is for the sale of unregistered real property/estate)

DEED OF ABSOLUTE SALE 

KNOW ALL MEN BY THESE PRESENTS: 

This DEED OF ABSOLUTE SALE is made, executed and entered into by:

        (NAME OF SELLER), of legal age, single/married to (Name of spouse if any), Filipino, and with residence and postal address at (Address of Seller), hereinafter referred to as the SELLER

-AND-

       (NAME OF BUYER), Filipino and with residence and postal address at (Address of Buyer), hereinafter referred to as the BUYER.

WITNESSETH, THAT:

For and in consideration of the amount of P______________, paid to me today by _______________, of legal age, Filipino, single and resident of _______________ (BUYER), the SELLER does hereby SELL, TRANSFER, and CONVEY absolutely and unconditionally unto said ____________ that certain parcel (s) of land/real estate destined for and in actual use as _________ land, together with the buildings and improvements thereon, situated at ______________, and more particularly described as follows: 

          (description: state the nature of each piece of land and its improvements, situations and boundaries, area in square meters, whether or not the boundaries are visible on the land by means of monuments or otherwise; and if they are, what they consist of, the permanent improvements, if any, the page number of the assessment of each property for current year (s) when registration is made, the assessed value of the property for the year) 

The SELLER hereby declare that the boundaries of the foregoing land are visible by means of (monuments, creeks, trees, etc.) _______________; that permanent improvements existing thereon consist of ________ (if none, state so); that the land is assessed for the current year at Php___________ as per Tax Declaration No.________, and the buildings and/or improvements, at Php___________ as per Tax declaration No._______________, of the city/municipal assessor of ______; and that the property is in the present possession of the SELLER (or seller's tenant or representative, as the case may be, named _____).

The SELLER  hereby covenants and agrees with the said BUYER that he/she is lawfully seized in fee of said premises, that they are free and clear of all liens and encumbrances, that he/she has a perfect right to convey the same, and that he/she will warrant and forever defend the same unto said BUYER, his/her heirs and assigns against the lawful claims of third persons whomsoever;

The above described real estate, not having been registered under Act No. 496 nor under the Spanish Mortgage Law, the parties hereto have agreed to register this instrument under the provisions of Act 3344. 

           IN WITNESS WHEREOF, we have signed this deed this ____ day of ______, _____ at _________. 


________________ 
(SELLER) 

With my marital consent: 
___________________ 

Signed in the Presence of: 
_______________           _______________


REPUBLIC OF THE PHILIPPINES) 
PROVINCE OF _______________) 
CITY/MUNICIPALITY OF _____) S.S. 

            BEFORE ME, a NOTARY PUBLIC for and in the above jurisdiction, this ___ day of _____, ______, personally appeared the following persons 

                   NAME                  IDENTIFICATION           DATE AND PLACE 
                                                                                             OF ISSUANCE
              ____________        ____________                  _______________
              ____________        ____________                  _______________

         Known to me to be the same persons who executed the foregoing instrument and they acknowledged to me that the same is their own free and voluntary act and deed and of the corporations herein represented. 

        This instrument refers to a (title of document) and consists of ___ pages including the page on which this acknowledgment is written and signed by the parties and their instrumental witnesses on each and every page thereof. 

          WITNESS MY HAND AND SEAL on the date and at the place above written. 
                                                         
Doc. No._____; 
Page No. ____; 
Book No.____; 
Series of _____.

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