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Ask Geri: Assign and Swap Portion of Property via Annotation?

An annotation (if indeed allowed) and given the consent of two parties to assign a portion of his land to the other, might be simpler and a little bit less costly since that will only involve a note in the respective titles.

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Hi Geri,

My cousin and I own a piece of land next to each other but both areas are not straight. My area curves to his and vice versa. We just want to make both properties straight without doing a buy and sell for the small portion that we both want to swap or exchange. 

c97f7-askgeributtonwhite_smaller_zpsa277e917
My cousin said we can do this by annotation. Is this correct? If not, what can you suggest without going into a buy and sell deal? We both plan to rent out the property.

Kind regards. – MDC


Hi MDC,

Thank you for your email. My apologies but I’m not a real estate expert who can address your query. Nonetheless, I have decided to publish your inquiry in case other people more knowldgeable of the matter can read and address it.

I have a clarification though on what you meant by your piece of land curves to his, and his to yours. 

In the picture below, does it refer to A (where the properties overlap, highly unlikely if you have separate titles) or B (properties are not quadrilateral and clean cut, smaller portions are beside the other’s property).

overlapping-propertis
I would guess you are referring to B since again A is highly improbable. If B is the case, and a suggestion was annotation (wherein the title will be assigned to another party, like noting a bank lender’s claim to the property in case of a mortgage or home loan), then that might mean you and your cousin will swap the areas under the dotted line so that both of you will have a quadrilateral clean cut property (from B1 to B2).
AskGeriAnnotation2_zpsf72465d1.jpg

If this is indeed allowable (kindly consult the land’s registry of deeds for this), then that might be easier compared to doing a buy-and-sell of the the affected portions. Doing a buy and sell will incur sale and transfer taxes, creation of new titles and transfer of tax documents (amilyar). 

An annotation (if indeed allowed) and given the consent of two parties to assign a portion of his land to the other, might be simpler and a little bit less costly since that will only involve a note in the respective titles.

Experts friends out there, please help MDC.

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About Geri (346 Articles)
Founder and main author. Husband, used-to-be-breadwinner, God-made multi-millionaire, employee, financial planner and adviser, investor, stocks trader, entrepreneur, agri-preneur, book author. Firm believer that all Pinoys deserve a richer life. Not a guru, but a forever student of the investments world, a work-in-progress.

1 Comment on Ask Geri: Assign and Swap Portion of Property via Annotation?

  1. Thank you Geri. It's is picture B in your example. Hopefully some of your readers can share their expertise on how annotation is applicable in this situation. Again, thank you for your consideration.
    MDC

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