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Ltd

Ltd

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Published by Nowhere Man

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Published by: Nowhere Man on Jul 07, 2009
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09/13/2010

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1
CIVIL LAW (LAND TITLES)MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
CHAPTER 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLESL
AND
T
ITLE
– evidence of right of owner or extent of his interest, by which means he canmaintain control and as a rule assert right to exclusive possession and enjoyment of property
D
EED
instrument in writing which any real estate or interest therein is created,alienated, mortgaged or assigned or by which title to any real estate may be affected inlaw or equity1.Granto2.Grantee3.Words of grant4.Description of property5.Signature of granto6.Witnesses
T
 YPES
 
OF
 
ESTATES
:
1.
FREEHOLD ESTATE – indicates title of ownershipa.Fee simple – absolute title; conferred without limitation, qualification or restrictionb.Fee tail – pass title to grantee & his heirsc.Life state – held for duration of life of grantee
2.
LESS THAN FREEHOLD ESTATE – a right short of titlea.Estate for years lease for a period agreed upon, lessor retainsownership of landb.Tenancy from period to period – lease running from month to month or year to year with automatic renewalc.Tenancy at will – person is permitted to occupy land of another withoutstipulation as to period
3 S
TAGES
 
OF
D
EVELOPMENT
 
OF
L
EGAL
S
 YSTEM
 
OF
T
RANSFERRING
T
ITLES
:
1.Production & delivery of deed by grantor to grantee without registration2.Deed of conveyance is recorded to bind 3rd persons3.Registration of title
R
EGISTRATION
– guarantees the title
R
ECORDING
– does not guarantee the title; need to examine other docs
P
URPOSE
 
OF
R
EGISTRATION
:
1.Serve as constructive notice2.Prevent fraudulent claims3.Protect interest of strangers to transaction
M
ODES
 
OF
A
CQUIRING
L
AND
T
ITLES
:
1.Title by public grant – conveyance of public land by government to a privateindividual2.Title by acquisitive prescription open, continuous, exclusive, notoriouspossession of a property3.Title by accretion – alluvion4.Title by reclamation – filling of submerged land by deliberate act and reclaimingtitle thereto; government5.Title by voluntary transfer private grant; voluntary execution of deed of conveyance6.Title by involuntary alienation no consent from owner of land; forcibleacquisition by state7.Title by descent or devise – hereditary succession to the estate of deceasedowner 
 
2
CIVIL LAW (LAND TITLES)MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
8.Title by emancipation patent or grant – for purpose of ameliorating sad plight of tenant-farmers; not transferable except by hereditary succession
Chapter 2: TORRENS SYSTEM ORIGIN, NATURE & GENERALCHARACTERISTICSA
DVANTAGES
:
1.Abolishes endless fees2.Eliminates repeated examination of titles3.Reduces records enormously4.Instantly reveals ownership5.Protects against encumbrances not noted on the Torrens certificate6.Makes fraud almost impossible7.It assures8.Keeps up the system without adding to burden of taxation; beneficiaries of thesystem pay the fees9.Eliminates tax titles10.Gives eternal title as state ensures perpetuity11.Furnishes state title insurance rather than private title insurance12.Makes possible the transfer of titles or of loans within the compass of hoursinstead of a matter of days
P
URPOSE
 
OF
T
ORRENS
L
AW
:
quiet title to land – once registered, owner might rest secure
P
ERSONS
B
OUND
W
HEN
T
ITLE
N
OT
R
EGISTERED
1.Granto2.Heirs & devisees3.Persons with actual notice
P
ROCEDURE
 
IN
L
AND
R
EGISTRATION
C
ASE
:
1.Survey of land by Bureau of lands or duly licensed private surveyor 2.Filing of application for registration by applicant3.Setting of date of initial hearing of application by RTC4.Clerk of court to transmit to Land Registration Authority the application, date of initial hearing & other pertinent docs5.Publication of notice of filing of application, date & place of hearing – in OG andin newspaper of general circulation6.Service of notice – contiguous owners, occupants & those who have interest inproperty7.Filing of answer or opposition to application8.Hearing of case by RTC9.Promulgation of judgment by court10.Issuance of decree by RTC – decision; Instruct land registration authority toissue decree of confirmation & registration11.Entry of decree of registration in Land Titles Administration12.Send copy of decree to Register of Deeds13.Transcription of decree of registration in registration book & issuance of theowner’s duplicate original certificate of title of the applicant by the Landregistration Authority - upon payment of prescribed fees
 
3
CIVIL LAW (LAND TITLES)MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGSW
HO
 
MAY
A
PPLY
:
1.
Those in open, continuous, exclusive, notorious possession of patrimonialproperty of state under 
bona fide
claim of ownership since June 12, 1945 or earlier 2.Those who acquired ownership of private land by prescription3.Those who acquired ownership of private lands by right of accretion4.Those who acquired ownership in any manner provided for by law
L
IMITATION
 
TO
O
WNERSHIP
 
OF
L
AND
 
BY
C
ORPORATION
:
1.PRIVATE LANDSa.At least 60% Filipino to acquire private landb.Restricted as to extent reasonably necessary to enable it to carry outpurpose which it was createdc.If engaged in agricultural – restricted to 1,024 ha.2.PATRIMONIAL PROPERTY OF STATEa.Lease for 25 years renewableb.Limited to 1,000 ha.c.Apply to both Filipinos & foreign cos.
F
ORM
& C
ONTENTS
 
OF
A
PPLICATION
1.In writing & signed by applicant or person duly authorized2.Description of land3.Citizenship4.Civil status5.Full names & address of occupants & adjoining owners
W
HAT
 
TO
A
CCOMPANY
A
PPLICATION
:
1.Tracing cloth plan duly approved by the Director of Lands2.3 copies of technical descriptions3.3 copies of surveyor’s certificate4.All original muniments of title5.4 copies of certificate by city/provincial treasurer of assessed value of land
A
MENDMENTS
A
LLOWED
& N
OT
A
LLOWED
1.Substantial change in boundaries or increase in area - new technical descriptionnecessary – need new publication & notice2.Substitution of name of new owner – file motion with court3.Decrease the area – file motion in court
M
UNIMENT
 
OF
T
ITLE
– instruments or written evidences which applicant hold or posses toenable him to substantiate & prove title to his estate
T
RANSACTION
T
OOK
P
LACE
B
EFORE
I
SSUANCE
 
OF
D
ECREE
:
1.Record instrument in Register of Deeds in same manner as if no applicationwas made2.Present instrument to RTC, motion praying that same be considered in relationto the pending application
T
RANSACTION
T
OOK
P
LACE
 
AFTER
I
SSUANCE
 
OF
D
ECREE
:
Register directly with REGISTER OF DEEDS for purpose of canceling such title& issuing a TCT

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