The Land Agreement is a vital legal instrument in Philippine real estate transactions, used when parties seek to formalize arrangements involving land transfer, lease, or usage rights. It must comply with Philippine property laws, including the Civil Code, Property Registration Decree, and local land use regulations. This document is particularly important given the Philippines' strict regulations on land ownership, especially regarding foreign ownership restrictions and special provisions for agricultural and ancestral domain lands. The agreement typically includes detailed property descriptions, payment terms, warranties, and specific conditions required for registration with the Register of Deeds. It's essential for both private and commercial transactions, requiring careful consideration of zoning laws, environmental regulations, and local government requirements.
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1. Parties: Identification and details of all parties involved in the agreement, including their legal capacity to enter into the contract
2. Background: Context of the agreement, including brief history of the property and purpose of the transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the land, including lot number, boundaries, area, and technical description as per tax declaration and title
5. Consideration: Purchase price or other consideration, payment terms, and method of payment
6. Warranties and Representations: Seller's warranties regarding ownership, absence of encumbrances, and legal authority to sell
7. Conditions Precedent: Conditions that must be fulfilled before the agreement becomes effective
8. Completion: Details of the closing process, including documentation and registration requirements
9. Taxes and Expenses: Allocation of taxes, registration fees, and other transaction-related expenses
10. Default and Remedies: Consequences of breach and available remedies to the non-defaulting party
11. Governing Law: Specification of Philippine law as governing law and jurisdiction details
12. Execution: Formal closing section with signature blocks and notarial requirements
1. Environmental Compliance: Required when the property is subject to environmental regulations or requires environmental clearance
2. Ancestral Domain Provisions: Required when the land is within or adjacent to recognized ancestral domains
3. Agricultural Land Provisions: Required when the property is agricultural land subject to CARP regulations
4. Development Obligations: Include when the agreement involves future development commitments
5. Zoning Compliance: Required when specific zoning requirements affect the property use
6. Third Party Rights: Include when there are existing tenants or other third-party rights to address
7. Subdivision Provisions: Required when the transaction involves subdivision of land
8. Foreign Ownership Provisions: Required when one party is a foreign entity, addressing ownership restrictions
1. Technical Description: Detailed technical description of the property boundaries and measurements
2. Title Documents: Copy of the Transfer Certificate of Title or Original Certificate of Title
3. Tax Declarations: Current and previous tax declarations for the property
4. Survey Plan: Approved survey plan and technical description from licensed surveyor
5. Payment Schedule: Detailed schedule of payments if involving installment payments
6. Permits and Clearances: Copies of relevant permits, clearances, and certificates
7. Photos and Maps: Recent photographs of the property and location maps
8. Power of Attorney: If applicable, authorization documents for representatives
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Agriculture
Construction
Property Development
Mining
Education
Religious
Industrial
Commercial
Tourism
Infrastructure
Environmental Conservation
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Business Development
Corporate Affairs
Land Development
Environmental
Operations
Finance
Risk Management
Relevant Roles
Real Estate Lawyer
Property Manager
Land Developer
Corporate Counsel
Compliance Officer
Real Estate Broker
Land Surveyor
Environmental Compliance Officer
Property Acquisition Manager
Legal Director
Business Development Manager
Chief Legal Officer
Real Estate Investment Manager
Land Use Planner
Title Examiner
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