Separation of Mother Title



Philippine Real Estate Question:

Am trying to buy a farm property in Cebu but I was told that the seller’s right to the property is still with the mother title. Is it safe to buy a property that is still connected to the mother title, what are the procedures that has to be made in order to do the separation of a lot from the mother title and how long does it take to process it? Who should bear the expenses in doing so? Who should settle the unpaid property tax if there is any? if these are not settled, will that affect the transfer of title? I would appreciate your ideas on this.

Answer:

NO, don’t buy it yet till you have the separate title for your farm property. The Register Of Deed ( RD ) in the municipality where the farm is located will know the procedure. Once you have the individual title, the buyer should pay for the transfer fee plus all related expenses such DST, Registration Fee, Assessor’s Office new tax declaration, to transfer the title to his name. The seller or owner should pay first all real estate taxes (RPT) due and the capital gain tax (CGT).

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*we do not pretend to be an authority in this field of real estate – this is only our opinion. May we suggest if you have legal questions to always consult a legal professional (a real estate lawyer preferably).

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