Sell Closing Property Without Consent In Franklin
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FAQ
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.
Eminent Domain Sometimes, the government may force the property owner to sell a particular property to construct a public asset, such as a highway. Typically, the government decides that there needs to be a new road or some other public structure in the same place as privately owned real estate.
Here's what you need to know when answering, “How long are you liable after selling a house?” Disclosure Issues: Laws about disclosing property defects vary by state but can range from 2-10 years. Some laws might also vary depending on the severity of the issue.
Yes, the federal government and state governments have the authority to seize private land. Tribal governments also possess eminent domain powers. State governments can't exercise eminent domain in the case of tribal lands but they may lay claim to certain allotments held by the United States.
Under state laws and federal laws for criminal procedure, the government can take away private real estate even without paying the homeowner. If someone uses the property for certain crimes, the government can seize it.
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.
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.
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.
File a civil lawsuit: To challenge the fraudulent sale and reclaim ownership. Sue for damages: If the fraud caused financial or emotional harm. Reverse the transaction: If the buyer was complicit in the fraud. A lawyer will also guide you on any specific laws in your jurisdiction related to property fraud.
