Don'ts in 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.

12. Landlord sues.

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