Sell Closing Property Without Consent In Cook
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Under the Civil Code of the Philippines, trespass occurs when someone unlawfully enters or occupies another's property. In your case, if someone changed the boundaries of your land without permission, this may constitute trespass.
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In summary, the father may not legally sell the entire property without the children's consent if the property is part of the estate of the deceased mother. Any sale done without the agreement of all heirs can be contested in court and possibly declared void.
The sale, mortgage, or disposal of conjugal properties in the Philippines cannot be done unilaterally. Both spouses must give their consent before any such transactions can be validly executed.
If a person other than the owner attempts to sell the property, the transaction is considered illegal. This type of sale falls under fraudulent transactions and can be nullified under Philippine law. Even if the buyer was unaware that the seller was not the legitimate owner, the sale would still be void.
Check with your county clerk. They may have a property fraud alert system for which you can sign up. Also let them know that you have experienced suspicious activity and that you believe someone may be trying to steal your title or other fraudulent activity. Talk to your title company, and mortgage company as well.
If they sell the property without any legal authority to do so this would be fraud.
A person who does this without a title interest in the property or authority from you commits a criminal act. It's called fraud, but he is really “stealing” your property. The short answer is yes. Anyone can sell your property without your consent.
