Please tell us what brings you here.

I am looking for a site that will mimic a coffee shop full of lawyers and law students, all actively sharing what they can offer. A place not only for law students to share notes or lawyers to share views and professional experiences. That place is not one where people seek recognition for one's vast knowledge or experiences in legal practice or study. It is not a place where leeches go to for prey and leave after satisfying themselves.

I imagine a place where an open minded person can enlarge his or her limited knowledge of law and share it - not because of recognition, but he or she wants to learn more, to enlarge or correct what he or she might have erroneously shared or left off. Or, possibly to meet one who adopts an opposite view that will trigger a healthy discussion to support a legal view point.

It is a place where student might learn views or answers to questions and where lawyers might discover a possible argumentation for a case or issue. In the process, lawyers are updated on statutes and law students learned to apply them.

In that coffee shop, lawyers become law students - not knowing that they are updating their knowledge and law student become lawyers - not knowing that the issue solved is an actual case or issue, blasting lawyers' brain apart for a solution; ultimately, both achieving in the process, legal knowledge.

I cannot say it any better. A perfect environment for learners. A venue where knowledge is grander than any person.

To seek opinion for the below case scenario.

I bought a a lot from subd and we got already a deed of sale since 2007. After 2 years, I went to demand the title but they told me that I have to pay them more because the lot area became more when they did the remapping last Sept 2009. I was surprised and they said that there is a provision in the contract to sell (not on the deed of sale) that during remapping, if the area will become bigger , it is either you pay the additional or take a substitute lot. the problem is I don't want to add more but I don't like also the other area. what shall I do then? Please advise

lorenjay wrote:

@mel.01.08

I advise you to show the Deed of Sale you have to a lawyer. The terms and conditions of that document will be material to what proper action you should pursue.

It is my understanding that you have fully comply with the terms and condition of the contract to sell. Hence, when the deed of sale has been executed, the contract to sell is automatically canceled. the contract to sell is superseded by the contract of sale; and, what will govern is the terms and condition of that contract of sale.

In short, the stipulation in the contract to sell will not be binding anymore. However, it is not the same as saying you will not be bound to pay additional amount if you erroneously received a bigger parcel of land that you are legally entitled to, pursuant to the contract of sale. This is to avoid unjust enrichment on your part.

As an overview, if the terms of the contract of sale shows that you are entitled to receive only a particular size of lot and if you erroneously receive greater that what is stated, you are bound to pay for the excess. This obligation is not based on contract, but an obligation created by law.

On one hand, since ownership of the land has been transferred to you (though not binding to third persons for lack of registration), the seller cannot legally compel you to take another lot in exchange for what you currently own. However, if you agree, there is no law prohibiting the same. In fact, compromise is encourage.

Hope this will help.

Happy New Year to all!!!