What to do when an Improvement overlaps on a Vacant Lot ?

case study p

here’s a recent case that our office came across that had to be assessed and processed properly in order to avoid any problems and concerns by both the Bureau of Internal Revenue and Register of Deeds.  take note that during a sale of a property, the most important concerns by both parties are :

1) Seller gets a Certificate Authorizing Registration (CAR ) – proof that all taxes with regards to the sale has been  done and cleared by the Bureau of Internal Revenue

2) Buyer gets a new Title processed in their name – proof that ownership has been transferred

this particular transaction involved a sale of an industrial property comprised of three lots and two improvements.  since there are basically five tax declarations on the property, naturally there would also be five tax clearances that should be available when processing the certified true copies of each document. now this is where it becomes complicated as upon viewing the property, it seemed that the two warehouses were built on the two lots, the third lot , which then looked like a vacant lot would then need a certificate of non-improvement.  however, when our liason processed the certified true copies and tax clearances, the assessor’s office said that they can’t issue a certificate of non-improvement as the second warehouse was overlapping on the third lot ( supposedly the vacant lot ).  so what must be done ?

SOLUTION :  the tax declaration on the improvement which overlapped on the vacant lot must NOW show that the warehouse is also located in the vacant lot.  a simple revision adding the tax declaration number on the vacant lot was added at the bottom.

this now clarifies why the assessor’s office couldn’t issue a certificate of non-improvement on the vacant lot.

have a great day !

robert

Robert G. Sarmiento Properties
Professional Affiliation :
Real Estate Broker’s Association of the Philippines
President, Greenhills Chapter 2008-2009
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