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How not to write (Legal Writing)

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Mirea Mizushima
Mirea Mizushima

This document provides an example of the consequences of poor legal writing in commercial documents. It describes a situation where a landlord sold the northwest corner of his land to a middleman, who then sold it to a buyer. However, due to vague and ambiguous wording in the deeds, the buyer believed he was purchasing the entire northern portion rather than just the northwest corner. This led to a lawsuit between the landlord and buyer that could have been avoided with more precise language specifying the exact boundaries being sold.

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How NOT to write.
This is an example of the consequence of BAD LEGAL WRITING particularly a bad commercial document.
Mr. Landlord was the owner of a big parcel of land. He sold a portion located in the NorthWest corner of the lot to Mr. Middleman who in turn sold it to Mr. Buyer.
In the Deed of Absolute Sale from Landlord to Middleman, the wording was: that NORTHERN PORTION consisting of 100 m2 part of Tax Dec No. 22222 which is more particularly described as follows:
The Deed of Absolute Sale then went on to describe the ORIGINAL lot as bounded: North : by ROAD East : by Lot East South : by Landlord s lot West : by Lot West
You can already see the possible confusion that will result.
Mr. Middleman took the Deed and had the land registered under Tax Dec. No. 12345 in his name. BUT the Tax Dec. contained the ff boundaries: North : by ROAD East : by Lot East South : by Landlord s lot West : by Lot West
Middleman now found a buyer for the land and showed the Northwest corner. But failed to mention that it was ONLY the northwest corner that belongs to him.
Buyer checks the papers, sees that the documents refers to a big frontage and agrees to buy.
Buyer then drew up the Deed of Absolute Sale and proceeded to procure an Original Certificate of Title with the DENR.
After getting the OCT, Landlord now comes hopping mad and seeks the reversal of the sale, because what he sold was only the corner.
Landlord sues.
That could have been avoided IF the drafter of the first Deed of Absolute Sale was more specific.
For example: The phrase NORTHERN PORTION refers to the ENTIRE northern portion, not a part thereof.
Second: Aside from mentioning a portion or the Northwest Corner or something, It should have made mention of specific boundaries. E.g. The portion which has an existing fence .. Or something.
end

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How not to write (Legal Writing)

  • 1. How NOT to write.
  • 2. This is an example of the consequence of BAD LEGAL WRITING particularly a bad commercial document.
  • 3. Mr. Landlord was the owner of a big parcel of land. He sold a portion located in the NorthWest corner of the lot to Mr. Middleman who in turn sold it to Mr. Buyer.
  • 4. In the Deed of Absolute Sale from Landlord to Middleman, the wording was: that NORTHERN PORTION consisting of 100 m2 part of Tax Dec No. 22222 which is more particularly described as follows:
  • 5. The Deed of Absolute Sale then went on to describe the ORIGINAL lot as bounded: North : by ROAD East : by Lot East South : by Landlord s lot West : by Lot West
  • 6. You can already see the possible confusion that will result.
  • 7. Mr. Middleman took the Deed and had the land registered under Tax Dec. No. 12345 in his name. BUT the Tax Dec. contained the ff boundaries: North : by ROAD East : by Lot East South : by Landlord s lot West : by Lot West
  • 8. Middleman now found a buyer for the land and showed the Northwest corner. But failed to mention that it was ONLY the northwest corner that belongs to him.
  • 9. Buyer checks the papers, sees that the documents refers to a big frontage and agrees to buy.
  • 10. Buyer then drew up the Deed of Absolute Sale and proceeded to procure an Original Certificate of Title with the DENR.
  • 11. After getting the OCT, Landlord now comes hopping mad and seeks the reversal of the sale, because what he sold was only the corner.
  • 13. That could have been avoided IF the drafter of the first Deed of Absolute Sale was more specific.
  • 14. For example: The phrase NORTHERN PORTION refers to the ENTIRE northern portion, not a part thereof.
  • 15. Second: Aside from mentioning a portion or the Northwest Corner or something, It should have made mention of specific boundaries. E.g. The portion which has an existing fence .. Or something.
  • 16. end