legal terminologies

Download Legal Terminologies

Post on 16-Sep-2015

213 views

Category:

Documents

0 download

Embed Size (px)

DESCRIPTION

Legal Terminologies

TRANSCRIPT

  • IMPORTANT LEGAL TERMINOLOGIES IN APPRAISAL

    ATTY. RHANDELL ALVIN B. MATULOY

  • Agrarian Reform

    means redistribu@on of lands, regardless of crops or fruits produced, to farmers and regular farmworkers who are landless, irrespec@ve of tenurial arrangement, to include the totality of factors and support services designed to liM the economic status of the beneciaries and all other arrangements alterna@ve to the physical redistribu@on of lands, such as produc@on or prot-sharing, labor administra@on, and the distribu@on of shares of stocks, which will allow beneciaries to receive a just share of the fruits of the lands they work.

  • Award is the conferment of Cer@cate of Land Ownership Award (CLOA) @tle to qualied agrarian reform beneciaries.

    Rural women refer to women who are engaged directly or indirectly in farming and/or shing as their source of livelihood, whether paid or unpaid, regular or seasonal, or in food prepara@on, managing the household, caring for the children, and other similar ac@vi@es. (as added by Sec7on 2, RA 9700)

    Landless Beneciary is any farmer/@ller who owns less than three (3) hectares of agricultural land.

  • Sustainable Development

    - The State shall promote development that is complete with the preserva@on of the ecosystem in areas where agriculture and sheries are carried. The State should exert care and judicious use of the country's natural resources in order to aYain long-term sustainability;

  • Agrarian Reform Community is a barangay at the minimum or a cluster of con@guous barangays where there is a cri@cal mass of farmers or farm workers and which features the main thrust of agrarian development; land tenure improvement and eec@ve delivery of support services.

    Agricultural Lands refers to lands devoted to or suitable for the cul@va@on of the soil, plan@ng of crops, growing of trees, raising of livestock, poultry, sh or aquaculture produc@on, including the harves@ng of such farm products, and other farm ac@vi@es and prac@ces performed in conjunc@on with such farming opera@ons by persons whether natural or juridical and not classied by law as mineral land, forest land, residen@al land, commercial land, or industrial land.

  • Headworks refers to the composite parts of the irriga@on system that divert water from natural bodies of water such as rivers, streams, and lakes.

    Rural Industrializa7on refers to the process by which the economy is transformed from one that is predominantly agricultural to one that is dominantly industrial and service-oriented Agriculture provides the impetus and push for industry and services through the market that it creates, the labor that it absorbs, and the income that it generates which is channeled to industry and services. As development con@nues with agriculture s@ll an important sector, industry and services begin to generate income and markets and concomitantly increase their share of total income .

    Strategic Agriculture and Fisheries Development Zones (SAFDZ) refers to the areas within the NPAAAD iden@ed for produc@on, agro-processing and marke@ng ac@vi@es to help develop and modernize, with the support of government, the agriculture and sheries sectors in an environmentally and sound manner

  • Aordable cost refers to the most reasonable price of land and shelter based on the needs and nancial capability of Program beneciaries and appropriate nancing schemes;

    Areas for priority development (APD) refer to those areas declared as such under exis@ng statutes and per@nent execu@ve issuances;

  • Blighted areas refer to the areas where the structures are dilapidated, obsolete and unsanitary, tending to depreciate the value of the land and prevent normal development and use of the area;

    Idle Lands refers to non-agricultural lands in urban and urbanizable areas on which no improvements, as herein dened, have been made by the owner, as cer@ed by the city, municipal or provincial assessor

  • Improvements refers to all types of buildings and residen@al units, walls, fences, structures or construc@on of all kinds of a xed character or which are adhered to the soil but shall not include trees, plants and growing fruits, and other xtures that are mere superimposi@ons on the land, and the value of improvements shall not be less than My percent (50%) of the assessed value of the property;

    Joint venture refers to the commitment or agreement by two (2) or more persons to carry out a specic or single business enterprise for their mutual benet, for which purpose they combine their funds, land resource, facili@es and services;

  • Land assembly or consolida7on refers to the acquisi@on of lots or varying ownership through purchase or expropria@on for the purpose of planned and ra@onal development and socialized housing programs without individual property boundary restric@ons;

    Land banking refers to the acquisi@on of land at values based on exis@ng use in advance of actual need to promote planned development and socialized housing programs;

    Land swapping refers to the process of land acquisi@on by exchanging land for another piece of land of equal value, or for shares of stock in a government or quasi-government corpora@on whose book value is of equal value to the land being exchanged, for the purpose of planned and ra@onal development and provision for socialized housing where land values are determined based on land classica@on, market value and assessed value taken from exis@ng tax declara@ons: Provided, That more valuable lands owned by private persons may be exchanged with less valuable lands to carry out the objec@ves of this Act;

  • Slum Improvement and ResePlement Program or SIR refers to the program of the Na@onal Housing Authority of upgrading and improving blighted squaYer areas outside of Metro Manila pursuant to exis@ng statutes and per@nent execu@ve issuances;

    Small property owners refers to those whose only real property consists of residen@al lands not exceeding three hundred square meters (300 sq. m.) in highly urbanized ci@es and eight hundred square meters (800 sq. m. ) in other urban areas;

  • Socialized housing refers to housing programs and projects covering houses and lots or homelots only undertaken by the Government or the private sector for the underprivileged and homeless ci@zens which shall include sites and services development, long-term nancing, liberalized terms on interest payments, and such other benets in accordance with the provisions of this Act;

    SquaRng syndicates refer to groups of persons engaged in the business of squaYer housing for prot or gain;

  • Urban areas refers to all ci@es regardless of their popula@on density and to municipali@es with a popula@on density of at least ve hundred (500) persons per square kilometer;

    Urbanizable areas refers to sites and lands which, considering present characteris@cs and prevailing condi@ons, display marked and great poten@al of becoming urban areas within the period of ve (5) years; and

    Zonal Improvement Program or ZIP refers to the program of the Na@onal Housing Authority of upgrading and improving blighted squaYer areas within the ci@es and municipali@es of Metro Manila pursuant to exis@ng statutes and per@nent execu@ve issuances.

  • HLURB - shall mean the Housing and Land Use Regulatory Board.

    Community Facili7es - facili@es or structures intended to serve common needs and for the benet of the community such as schools, places of worship, hospitals, health centers, barangay centers and other similar facili@es/ameni@es per PD 1216.

    Condominium Project means the en@re parcel of real property divided or to be divided in condominium, including all structures thereon.

  • Open Space - shall refer to an area reserved exclusively for parks, playgrounds, recrea@onal uses, schools, roads, places of worship, hospitals, health centers, barangay centers and other similar facili@es and ameni@es.

    Party Wall - a wall used jointly by two par@es under easement agreement, erected upon a line separa@ng 2 parcels of land each of which is a separate real estate.

  • Actual Use refers to the purpose for which the property is principally or predominantly u@lized by the person in possession thereof;

    Ad Valorem Tax is a levy on real property determined on the basis of a xed propor@on of the value of the property;

    Abstract of 7tle a summary of the condi@on of @tle based on an examina@on of public records.

  • Accelera7on clause - A clause commonly used in installment notes that permits the payee to declare the en@re unpaid balance immediately due on default in payment. Such a clause contained in a note secured be deed of trust is subject to a statutory right of reinstatement. cf. ALIENATION, or due-on-sale, clause

    Accession - Addi@on to property by natural increase or growth; also, by the installa@on of improvements

    Acknowledgement - A declara@on by the party execu@ng an instrument that it is his act and deed. It is usua