Land "Rights" for Sale?

What does it mean when someone offers to sell the "Rights" to a land?

Selling rights to a land is a vague manifestation of simply saying that a person is selling whatever rights he has over the property, whether the same is the right of ownership or a simple prospective right to claim ownership. Some unscrupulous persons would even try to sell rights that they don't have. Here are the some of acts of due diligence that you need to perform before considering the offer for purchase:

1. Check for a Certificate of Title.

- If the person only says they sell the rights to a land but they have a title over it, then assume that they don't really intend to sell the ownership of it and merely allowing you to occupy the property. This is a very complicated agreement as the naked ownership will remain to the seller and you will be left with a land you don't own.

2. Do they have a tax declaration?

- Most of the time this is the case. Sellers of "rights" are uncomfortable saying that they are selling ownership of the land because they feel that a Certificate of title is the only proof of ownership. This is far from the truth. The Certificate of Title is the strongest evidence of ownership but it is not the only one. Ranking the second is a duly updated and latest tax declaration. If this is the case, check with the assessor's office if the Tax declaration is really genuine and the latest version.

3. Title or Tax declaration is not in the seller's name but he has other documents:

- In this case, check if there is a deed that evidences the transfer of ownership from the named owner to the seller of your property. If so, then also check if the title or tax declaration shown to you is the latest version of it. You can check a certificate of title with the Register of Deeds and the Tax declaration with the Assessor's Office. Have the seller accompany you to the assessor's office as they only allow certain persons to view and obtain their records.

4. Special Power of Attorney

- In some cases, the one who is selling is not the owner but an authorized representative. make sure that the SPA is notarized and duly annotated with the Register of deeds if the subject matter to be sold is a registered land.

5. Finally!!! PHYSICALLY CHECK THE LAND!!

- Squatters, unregistered right of way, physical encumbrances like impaired easements and servitudes may not be compatible with your purpose in purchasing the land. A weak subjacent support is incompatible with a tall building. Squatters require negotiations and/or court proceedings to clear up.

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