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Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
LAND TITLES AND DEEDS
CHAPTER 1: BACKGROUND, BASIC CONCEPTS &
GENERAL PRINCIPLES
LAND TITLE evidence of right of owner or extent of his
interest, by which means he can maintain control and as a
rule assert right to exclusive possession and enjoyment of
property
DEED 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 in law or
equity
1. Grantor
2. Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses
TYPES OF ESTATES:
1. FREEHOLD ESTATE indicates title of ownership
a. Fee simple absolute title; conferred
without
limitation,
qualification
or
restriction
b. Fee tail pass title to grantee & his heirs
c. Life state held for duration of life of
grantee
2.

LESS THAN FREEHOLD ESTATE a right short


of title
Estate for years lease for a period agreed upon,
lessor retains ownership of land
Tenancy from period to period lease running
from month to month or year to year with
automatic renewal
Tenancy at will person is permitted to occupy
land of another without stipulation as to
period

3 STAGES OF DEVELOPMENT OF LEGAL SYSTEM OF


TRANSFERRING TITLES:
1. Production & delivery of deed by grantor to grantee
without registration
2. Deed of conveyance is recorded to bind 3rd persons
3. Registration of title
REGISTRATION guarantees the title
RECORDING does not guarantee the title; need to examine
other docs
PURPOSE OF REGISTRATION:
1. Serve as constructive notice
2. Prevent fraudulent claims
3. Protect interest of strangers to transaction
MODES OF ACQUIRING LAND TITLES:
1. Title by public grant conveyance of public land by
government to a private individual
2. Title by acquisitive prescription open, continuous,
exclusive, notorious possession of a property
3. Title by accretion alluvion
4. Title by reclamation filling of submerged land by
deliberate act and reclaiming title thereto;
government
5. Title by voluntary transfer private grant; voluntary
execution of deed of conveyance
6. Title by involuntary alienation no consent from
owner of land; forcible acquisition by state
7. Title by descent or devise hereditary succession to
the estate of deceased owner

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 &


GENERAL CHARACTERISTICS
ADVANTAGES:
1. Abolishes endless fees
2. Eliminates repeated examination of titles
3. Reduces records enormously
4. Instantly reveals ownership
5. Protects against encumbrances not noted on the
Torrens certificate
6. Makes fraud almost impossible
7. It assures
8. Keeps up the system without adding to burden of
taxation; beneficiaries of the system pay the fees
9. Eliminates tax titles
10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private
title insurance
12. Makes possible the transfer of titles or of loans
within the compass of hours instead of a matter of
days
PURPOSE OF TORRENS LAW: quiet title to land once
registered, owner might rest secure
PERSONS BOUND WHEN TITLE NOT REGISTERED
1. Grantor
2. Heirs & devisees
3. Persons with actual notice
PROCEDURE IN LAND REGISTRATION CASE:
1. Survey of land by Bureau of lands or duly licensed
private surveyor
2. Filing of application for registration by applicant
3. Setting of date of initial hearing of application by
RTC
4. Clerk of court to transmit to Land Registration
Authority the application, date of initial hearing &
other pertinent docs
5. Publication of notice of filing of application, date &
place of hearing in OG and in newspaper of
general circulation
6. Service of notice contiguous owners, occupants &
those who have interest in property
7. Filing of answer or opposition to application
8. Hearing of case by RTC
9. Promulgation of judgment by court
10. Issuance of decree by RTC decision; Instruct land
registration authority to issue decree of confirmation
& registration
11. Entry of decree of registration in Land Titles
Administration
12. Send copy of decree to Register of Deeds
13. Transcription of decree of registration in registration
book & issuance of the owners duplicate original
certificate of title of the applicant by the Land
registration Authority - upon payment of prescribed
fees
CHAPTER
3: APPLICATION
REGISTRATION PROCEEDINGS

IN

ORDINARY

WHO MAY APPLY:


1. Those in open, continuous, exclusive, notorious
possession of patrimonial property of state under
bona fide claim of ownership since June 12, 1945 or
earlier
2. Those who acquired ownership of private land by
prescription

Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
3.
4.

Those who acquired ownership of private lands by


right of accretion
Those who acquired ownership in any manner
provided for by law

LIMITATION TO OWNERSHIP OF LAND BY CORPORATION:


1. PRIVATE LANDS
At least 60% Filipino to acquire private land
Restricted as to extent reasonably necessary to
enable it to carry out purpose which it was
created
If engaged in agricultural restricted to 1,024
ha.
2. PATRIMONIAL PROPERTY OF STATE
a. Lease for 25 years renewable
b. Limited to 1,000 ha.
c. Apply to both Filipinos & foreign cos.
FORM & CONTENTS OF APPLICATION
In writing & signed by applicant or person duly
authorized
Description of land
Citizenship
Civil status
Full names & address of occupants & adjoining owners
WHAT TO ACCOMPANY APPLICATION:
1. Tracing cloth plan duly approved by the Director of
Lands
2. 3 copies of technical descriptions
3. 3 copies of surveyors certificate
4. All original muniments of title
5. 4 copies of certificate by city/provincial treasurer of
assessed value of land
AMENDMENTS ALLOWED & NOT ALLOWED
Substantial change in boundaries or increase in area new technical description necessary need new
publication & notice
Substitution of name of new owner file motion with
court
Decrease the area file motion in court
MUNIMENT OF TITLE instruments or written evidences
which applicant hold or posses to enable him to substantiate
& prove title to his estate
TRANSACTION TOOK PLACE BEFORE ISSUANCE OF
DECREE:
Record instrument in Register of Deeds in same manner
as if no application was made
Present instrument to RTC, motion praying that same be
considered in relation to the pending application

1.
2.

Set forth objections to the application


State interest claimed by oppositor

GENERAL DEFAULT
If no person appears and answers within time prescribed
SPECIAL DEFAULT
Party appears at initial hearing without having filed an
answer and ask court for time to file answer but
failed to do so within period allowed
CHAPTER 5: HEARING & DECREE
WHO CONDUCTS HEARING:
1. RTC
2. Refer to referee commissioner
PROCEEDINGS

FOR ORDINARY REGISTRATION (LAND


REGISTRATION
ACT) /PROCEEDING FOR JUDICIAL
CONFIRMATION OF IMPERFECT TITLE UNDER THE PUBLIC
LAND ACT

There exist a title to be confirmed


Land applied for belongs to the state
Court may dismiss without prejudice to file new
application
Dismiss with prejudice
Risk to have application denied without losing land
Risk involves loss of land
CHAPTER 6: JUDGMENT & DECREE
DECREE issued by land registration authority containing
technical description of land; issued after finality of judgment
1. Decrees dismissing application
2. Decrees of confirmation and registration
Final after 1 year after decree
Unless there in innocent purchaser for value
Subject only to appeal
Once final, cannot be subject to attack, deemed
conclusive against the world
3. Put end to litigation
4. Purpose of Torrens system is protected
Amendment after 1 year is allowed creation or
extinguishment of new rights; inclusion of
new owners not allowed
JUDGMENT decision of court constituting its opinion after
taking into consideration the evidence submitted
WRIT OF POSSESSION order to sheriff to deliver the land to
the successful party litigant; no prescription
Against loser
Against anyone unlawfully & adversely occupying

TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE:


Register directly with REGISTER OF DEEDS for
purpose of canceling such title & issuing a TCT

WHEN WRIT MAY NOT ISSUE:


Person entered into property after decree- non claimant;
had been there for 10 years

CHAPTER 4: PUBLICATION, ANSWER & DEFAULT

MEANS TO RECOVER POSSESSION:


1. Forcible entry
2. Unlawful detainer
3. Accion publiciana
4. Accion reindivicatoria

NOTICE

IN CONSPICUOUS PLACE IN LAND & BULLETIN


BOARD OF MUNICIPALITY 14 days before hearing
HEARING within 7 days after publication in OG

25 90 days from date of order

TO WHOM NOTICE MUST BE SENT:


1. City/municipal mayor & provincial governor
2. Department of Agrarian Reform, Solicitor General &
Director of Lands , Director of Fisheries, Director of
Mines
3. Adjoining owners & those who have rights or
interest thereto
REQUISITES OF OPPOSITION:

RES JUDICATA:
1. Former judgment must be final
2. Rendered by court having jurisdiction over subject
matter & parties
3. Judgment on merits
4. Identity of parties, subject matter and causes of
action
REMEDIES AVAILABLE TO
REGISTRATION PROCEEDINGS:

AGGRIEVED

PARTY

IN

Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
1.

MOTION FOR NEW TRIAL - must be brought


within 15 days from notice of judgment
a. Fraud,
accident, mistake, excusable
negligence which ordinary prudence could
not have guarded
b. Newly discovered evidence which could not
be discovered & produced at trial
c. Evidence insufficient to justify decision,
decision is against the law
2. APPEAL must be brought 15 days from notice of
judgment
3. REVIEW OF DECREE OF REGISTRATION
available to party deprived of day in court; became
non-party due to misrepresentation; invoke actual
fraud; before expiration of 1 year; specific acts
intended to deceive; will no longer prosper if already
transferred to innocent purchaser for value
a. Plaintiff is owner of land registered in name
of defendant
b. Registration procured through actual fraud
c. Property has not issued to innocent
purchaser for value
d. Action is filed within 1 year after issuance
of decree of registration
RELIEF FROM JUDGMENT 60 days 6 months after
entry of order; available to party to case, FAME;
after judgment; person deprived of right is party to
case
RECONVEYANCE action in personam; available so
long as property not passed yet to innocent purchaser
for value; bad faith or with notice of defect
RECOVERY FOR DAMAGES
Person is wrongfully deprived of his land by
registration in name of another actual or
constructive fraud
No negligence on his part
Barred/ precluded from bringing an action
Action for compensation has not prescribed
CHAPTER 7: CERTIFICATE OF TITLE
TORRENS TITLE certificate of ownership issued under the
Torrens System of registration by the government through
road naming & declaring owner in fee simple of property
described therein free from all liens except those expressly
noted
PROCESS:
1. Within 15 days from finality of order of judgment
directing registration of title court to order Land
registration Admin to issue decree of registration and
certificate of title
2. Clerk of court will send order of court & copies of
judgment
3. Administrator to issue decree of registration &
original & duplicate of OCT signed by
Administrator, entered & file decree of registration
in LRA
4. Send to Register of Deeds original & duplicate of
title & certificate for entry in his registration book
5. Enter in record book, dated, signed, numbered &
sealed take effect upon date of entry
6. Register of Deeds to send notice to registered owner
ready for delivery after payment of fees
7. Register of Deeds shall send duplicate & note on
each certificate of title to whom it is issued
8. Original copy to be filed in Register of Deeds; bound
in consecutive order
ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF
TITLES:
1. Splitting or consolidation ordinary Register of
Deeds level, no court involved

2.

Subdivision plan approval of NHA, final approval


of LRA, then Register of Deeds to issue
memorandum that streets not to be disposed except
by way of donation to govt. shall be effected without
approval of NHA

ANNOTATIONS AT B ACK OF CERTIFICATE need court order;


otherwise null & void
CHAPTER 8: VOLUNTARY
REGISTERED LAND

DEALINGS

WITH

OPERATIVE ACT registration by owner; deed not registered


binding only between parties
PROCESS OF REGISTRATION:
1. File instrument creating or transferring interest and
certificate of title with Register of Deeds
a. Owners duplicate
b. Payment of fees & documentary stamp tax
c. Evidence of full payment of real estate tax
d. Document of transfer 1 copy additional
for city/provincial assessor
2. Register of Deeds shall make a memorandum on the
certificate of title, signed by him
3. Issue TCT
VOLUNTARY DEALINGS
Need to present title to record the deed in registry & to
make memorandum on title
INVOLUNTARY DEALINGS
No presentation required; sufficient that annotation in
entry book is sufficient
FORMAL REQUISITES OF A DEED
1. Full name
2. Nationality
3. Place of residence
4. Postal address of grantee or other persons acquiring
or claiming interest
5. Civil status
6. Whether or not corporation
1.
2.

3.
4.
5.
6.

Register of Deeds to keep an entry book day


book
Enter in order of reception all deeds & voluntary
instruments, write & processes re land -Year,
month, day, time, minute of reception of
instrument; Registered from time of entry
Fees of 5 bucks per document to be paid within
15 days
Note memorandum & sign & issuance of
certificate
Documents are numbered & indexed & indorsed
with reference to certificate of title public
records
Subject to reasonable regulation

Cost borne by vendor


CHAPTER 9: REAL ESTATE MORTGAGE
REAL ESTATE MORTGAGE real property/real rights secures
fulfillment of an obligation
KINDS:
1.
2.
3.
4.

Conventional agreed upon by parties


Legal Created by operation of law
Judicial results from a judgment
Equitable pacto de retro in form but mortgage in
essence

ESSENTIAL REQUISITES:

Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
Constituted to secure fulfillment of principal obligation
Mortgagor be absolute owner of thing mortgaged
Person constituting mortgage has free disposal of
property
SPECIAL CHARACTERISTICS:
1. Subject matter is realty
2. Real right attaches to property wherever it is &
whoever holds it
3. Accessory presupposes existence of valid principal
obligation; cannot stand alone
4. Indivisibility even if debt is divisible; mortgage is
not
5. Inseparability mortgage lien is inseparable from
property
Real Mortgage
Subject matter is real property
Public document only
Right of redemption for 1 year
Deficiency can be recovered

6.

Retention of
possession

possession

mortgagor

retains

PACTO DE RETRO EQUITABLE MORTGAGE


1. Price of sale with right to repurchase is usually
inadequate
2. Vendor remains in possession as lessee or otherwise
3. Upon or after expiration of right to repurchase,
another instrument extending period /granting new
period is executed
4. Purchaser retains a part of the purchase price
5. Vendor binds himself to pay taxes on thing sold
6. Real intention of parties is that transaction shall
secure payment of debt or fulfillment of other
obligation

Chattel Mortgage
Subject matter is movable
May be in private document provided there is
affidavit of good faith
No right of redemption
Deficiency cannot be recovered

EXECUTION & REGISTRATION


1. Execution of deed in a form sufficient in law (public instrument)
2. Registration with Register of Deeds where the land lies & take effect upon registration
Present deed of mortgage together with owners duplicate
Payment of fees
Register of Deeds shall enter upon original certificate of title & upon duplicate a memorandum date, time of filing,
signature, file number assigned to deed
Register of Deeds to note on deed the date & time of filing & reference to volume & page of registration book in which
it was registered
3. No duplicate need be issued
SUBJECT MATTER
Real property plus all its accessions unless contrary is stipulated
Future property without legal effect
Future improvements deemed included
Fruits & rents of mortgaged property deemed included
Continuing credit secured by mortgage valid
FORMS:
Private document void & inexistent
Public instrument but not recorded binding between parties but not 3 rd persons without notice
Public document & registered valid & binding to 3rd parties
MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE: Yes
If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to registered owner:
1. Stating that mortgage has been registered
2. Requesting that owners duplicate be produced so that memorandum be made thereof
Owner refuses to comply within reasonable time; Register of Deeds to notify court & court may enter order requiring owner to
produce certificate
SUBSEQUENT DEALINGS IN MORTGAGED PROPERTY
May be further alienated stipulation to contrary is void
Assignment must also be registered since
registration is operative act to affect land
If not recorded valid as to parties but not to 3 rd
parties, right not protected against
somebody who registers & procures better
right
May be further mortgaged stipulation to contrary is
void
No need to secure permission of mortgagee
Understood unless prohibited in contract
Pactum commisorium not allowed
Property is mortgaged
There is stipulation for automatic appropriation
Discharge
Execute public document canceling or releasing
mortgaged in form prescribed by law
Present instrument with Register of Deeds where
land lies together with owners duplicate for
registration

Memorandum of cancellation is annotated on


duplicate & original
WHEN MORTGAGOR DIES
1. Abandon security & prosecute his claim by sharing
in general distribution of assets of the estate
2. Foreclose mortgage by making executor party
defendant
3. Foreclose it in due time
PARTIES IN FORECLOSURE SUIT: all persons claiming
interest subordinate in right to mortgagee
ACTION
contract)

TO

FORECLOSE: Prescribes in 10 years (written

VENUE: Per stipulation or in absence thereof, where the


property lies
FORECLOSURE
1. JUDICIAL

Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
Mortgagee to petition in court for foreclosure
Court to render order for debtor to pay sum due
within 90 days and if not paid from date of
service, property be sold at public auction
Notice & Publication
Public auction: sale to highest bidder
Sheriff to issue certificate confirming judicial
foreclosure
File with Register of Deeds final decree of court
confirming sale
Memo entered in certificate of title
If right of redemption exist, certificate of title of
mortgagor not to be cancelled but
memorandum shall be entered upon the
certificate duplicate & original
After expiry of 1 year redemption period & no
redemption, title is consolidated to new
owner
Purchaser to be entitled to new certificate of title
& memorandum endorsed on mortgage
deed
If there is redemption, memorandum to be
annotated on certificate of title
2.

EXTRA-JUDICIAL
Allowed only if stipulation between party
authorizes extra-judicial foreclosure
Cannot be made legally outside of city where
land lies
Publication required: post notices for 20 days in
3 public places where property lies & if
property is more than P400.00, publication
must be for 3 consecutive weeks in news
paper of general circulation
If foreclosure by rural banks, exempt from
publication in newspaper for loans not
exceeding 3,000.00
Registration of sale in Register of Deeds:
a. Deed of sale must be supported by
certificate of sheriff that said sale
was conducted accordingly stating
the date, time, place of sale, names
of creditor & debtor, description of
property, name of highest bidder,
selling price
b. Present in Register of Deeds where
land lies
c. Memorandum
on
back
of
certificate is made
d. After expiration of 1 year of
redemption period title is
consolidated if no redemption
exercised: purchaser to file with
Register of Deeds the deed of sale
& sworn statement attesting to fact
that there is no redemption
e. New certificate of title issued in
favor of vendee
f. If redeemed notice of redemption
shall be registered & accomplished
by way of memorandum on proper
certificate of title

RIGHT OF REDEMPTION
Payment of purchase price plus 1% per month plus taxes
if paid by purchaser
To be exercised within 1 year after registration of sale
RIGHT TO DEFICIENCY allowed
CHAPTER 10: CHATTEL MORTGAGE
CHATTEL MORTGAGED personal property is registered with
Register of Deeds to secure performance of an obligation

SUBJECT MATTER: movables


DEED OF MORTGAGE:
Requires only description to enable parties & other
persons to identify the subject matter
REGISTRATION OF CHATTEL MORTGAGE
Execution of document
Payment of fees
Register of Deeds enters in DAY BOOK in strict order of
their presentation chattel mortgages & other
instruments relating thereto (primary process)
Register of Deeds thereafter enters in a more detailed
form the essential contents of the instrument in the
Chattel Mortgage Register (complementary process)
EFFECT OF REGISTRATION:
Creates a lien attaches to the property whoever holds it;
binding on subsequent purchasers
Constructive notice
SALE OF CHATTEL WITHOUT CONSENT
void; criminal act

OF

MORTGAGEE

EFFECT OF FAILURE TO REGISTER:


Valid between parties but void against 3rd persons
If instead of registration, it is delivered it shall be a
pledge & not chattel mortgage (if no chattel
mortgage deed executed)
Actual knowledge is same effect as registration
AFFIDAVIT OF GOOD FAITH: STATEMENT THAT
Mortgaged is made to secure obligation specified
Valid & just obligation
Not entered into for purpose of fraud
EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH:
Vitiates mortgage as against creditors & subsequent
encumbrances
Valid as between parties
No need to be in public document
ASSIGNMENT OF MORTGAGE
No need to be registered, permissive only & not
mandatory
CANCELLATION OF CHATTEL MORTGAGE
Mortgagee to execute a discharge of the mortgage in
manner provided by law
FORECLOSURE OF MORTGAGE
The must first be non-payment & at least 30 days have
elapsed since then
Alternatives:
Judicial
Extra-judicial

only
if
there
is
stipulation/authority
PROCEDURE IN FORECLOSURE
1. Notice posted for 10 days in at least 2 public places
in municipality where property is to be sold
designating the time, place and purpose of sale
2. Mortgagor is notified in writing at least 10 days
before sale
3. Public auction
4. 30 days after sale, officer makes a return & file with
Register of Deeds where mortgage has been recorded
5. Officers return operates as a discharge of the lien
created by the mortgage
6. Proceeds to be applied:
a. Cost of sale
b. Amount of obligation
c. Subsequent mortgages

Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
d.

Balance mortgagor

RECOVERY OF DEFICIENCY: Allowed


CHAPTER 11: LEASE
LEASE one of parties deliver possession of property to
another who is obliged to pay rent for use of such property
REGISTRATION OF LEASE
File with Register of Deeds the instrument creating lease
together with Owners Duplicate of certificate of title
Register of Deeds to register by way of memorandum
upon certificate of title
No new certificate shall be issued
WHEN

PROHIBITION IN MORTGAGED PROPERTY AS


REGARDS SUBSEQUENT CONVEYANCES, ETC.: Leasehold
cannot be registered in the title thereof
EFFECT OF REGISTRATION:
Creates a real right but without prejudice to rights of 3 rd
persons
If not registered valid as between parties but not to 3 rd
persons without notice
REGISTRATION lessor not required to initiate; lessee shall
initiate
ALIENS:
May be granted temporary rights for residential purposes
Limit: 25 years, renewable for another 25 years
WHO ELSE MAY REGISTER: Builder in Good Faith
CHAPTER 12: TRUSTS & POWERS OF ATTORNEY
TRUST obligation of a person to whom legal title to property
is transferred to hold the property according to confidence
reposed in him
2 KINDS:
Expressed need to be in writing; cannot be proved by
parole evidence
Implied exist by operation of law; can be proved by
parole evidence
a. Property is bought but paid by another party
b. Donation is made but donee have no
beneficial interest thereon
c. Price of sale of property is loaned &
conveyance is made to lender to secure
fulfillment of loan
d. Land passes by succession to a person but
legal title is put in anothers name
e. 2 persons purchase property but placed only
in ones name
f. Guardian uses funds of ward to buy property
g. Property is acquired thru mistake or fraud
POWER OF ATTORNEY authority granted to a person to
dispose ones property
TRUST DIFFERENTIATED FROM POWER OF ATTORNEY
1. Trust has 3 parties while power of attorney has 2
parties
2. Trust is for benefit of 3rd party while power of
attorney is for benefit of principal
REGISTRATION OF TRUST
1. Sworn statement claiming interest by reason of an
implied trust with description of land & reference to
number of certificate shall be registered in Register
of Deeds

2.

Provided not prohibited to do so by instrument


creating the trust

APPOINTMENT OF TRUSTEE BY COURT


Certified copy of decree shall be presented to Register of
Deeds & surrender duplicate certificate
Cancel duplicate & new certificate shall be entered by
Register of Deeds
ACTION FOR RECONVEYANCE BASED ON IMPLIED
TRUST
Prescribes in 10 years
If acknowledged in written form becomes express trust
prescribes upon repudiation
CHAPTER 13: INVOLUNTARY DEALINGS WITH
REGISTERED LAND
INVOLUNTARY DEALINGS transactions affecting land in
which cooperation of registered owner is not needed: it may
even be against his will
ATTACHMENT
A writ issued at the institution or during progress of an
action commanding the sheriff to attach the property,
rights, credits or effects of the defendant to satisfy
demands of the plaintiff
Kinds:
a. Preliminary
b. Garnishment
c. Levy on execution
REGISTRATION OF ATTACHMENT/OTHER LIENS
1. Copy of writ in order to preserve any lien, right or
attachment upon registered land may be filed with
Register of Deeds where land lies, containing
number of certificate of title of land to be affected or
description of land
2. Register of Deeds to index attachment in names of
both plaintiff & defendant or name of person whom
property is held or in whose name stands in the
records
3. If duplicate of certificate of title is not presented:
a. Register of Deeds shall within 36 hours
send notice to registered owner by mail
stating that there has been registration &
requesting him to produce duplicate so that
memorandum be made
b. If owner neglects or refuses Register of
Deeds shall report matter to court
c. Court after notice shall enter an order to
owner to surrender certificate at time &
place to be named therein
4. Although notice of attachment is not noted in
duplicate, notation in book of entry of Register of
Deeds produces effect of registration already
EFFECT OF REGISTRATION OF ATTACHMENT:
1. Creates real right
2. Has priority over execution sale
3. But between 2 attachments one that is earlier in
registration is preferred
4. If not registered actual knowledge is same as
registration
DUTY OF REGISTER OF DEEDS
Basically ministerial but may refuse registration in ff
circumstances:
1. Title to land is not in the name of defendant
2. No evidence is submitted to show that he
has present or possible future interest in
land
3. Unless: heir

Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S

PROPERTIES EXEMPT FROM EXECUTION: Family Home

CHAPTER 14: REGISTRATION OF LIS PENDENS

ATTACHMENT How continued, reduced or discharged


Any method sufficient in law
Document to be registered

PURPOSE: keep subject matter within the power of the court


until the entry of final judgment
Therefore creates merely a contingency & not a liens

1.

2.

EXECUTION SALE
To enforce a lien of any description on registered
land, any execution or affidavit to enforce
such lien shall be filed with Register of
Deeds where land lies
Register in registration book & memorandum
upon proper certificate of title as adverse
claim or as an encumbrance
To determine preferential rights between 2 liens:
priority of registration of attachment
TAX SALE
Sale of land for collection of delinquent taxes
and penalties due the government
In personam (all persons interested shall be
notified so that they are given opportunity
to be heard)
Notice to be given to delinquent tax payer at last
known address
Publication of notice must also be made in
English, Spanish & local dialect & posted
in a public & conspicuous place in place
wherein property is situated & at main
entrance of provincial building
Sale cannot affect rights of other lien holders
unless given right to defend their rights:
due process must be strictly observed
Tax lien superior to attachment
No need to register tax lien because it is
automatically registered once the tax
accrues
But sale of registered land to foreclose a tax lien
need to be registered

PROCEDURE OF REGISTRATION OF TAX SALE:


1. Officers return shall be submitted to Register of
Deeds together with duplicate title
2. Register in registration book
3. Memorandum shall be entered in certificate as an
adverse claim or encumbrance
4. After period of redemption has expired & no
redemption (2 years from registration of auction
sale) cancellation of title & issuance of new one
5. Before cancellation, notice shall be sent to registered
owner: to surrender title & show cause why it shall
not be cancelled
ACTUAL KNOWLEDGE IS EQUIVALENT TO REGISTRATION
ADVERSE CLAIM
Make a statement in writing setting forth alleged interest,
from whom acquired, how acquired, no of certificate
of land, name of registered owner, description of
land in which right/interest is claimed signed &
sworn to
Statement shall be entitled to registration as adverse
claim on certificate of title
Effective for 30 days from date of registration
After 30 days, may be cancelled by filing of verified
petition by party in interest
Any party may petition in court to cancel
adverse claim
Court to grant speedy hearing
If adverse claim is adjudged invalid may be
cancelled
No 2nd adverse claim based on same ground shall be
registered by same claimant

EFFECT OF REGISTRATION:
1. Impossibility of alienating the property in dispute
during the pendency of the suit may be alienated
but purchaser is subject to final outcome of pending
suit
2. Register of Deeds duty bound to carry over notice of
lis pendens on all new titles to be issued
CANCELLATION OF LIS PENDENS:
1. Before final judgment court may order cancellation
after showing that notice I sonly for purpose of
molesting an adverse party or it is not necessary to
protect rights of party who caused it to be registered
2. Register of Deeds may also cancel by verified
petition of party who caused such registration
3. Deemed cancelled when certificate of clerk of court
stating manner of disposal of proceeding is
registered
NOTICE OF LIS PENDENS IS AN INVOLUNTARY TRANSACTION
Sufficient that there is entry in day book
OTHER PARTIES WHO NEED TO REGISTER:
1. ASSIGNEE IN INVOLUNTARY PROCEEDING
FOR INSOLVENCY
Duty of the officer serving notice to file copy of
notice to Register of Deeds where the
property of debtor lies
Assignee elected or appointed by court shall be
entitled to entry of new certificate of
registered land upon presentment of copy of
assignment with bankrupts certificate of
title (duplicate)
New certificate shall not that it is entered to him
as assignee or trustee in insolvency
proceedings
JUDGMENT/ORDER
VACATING
INSOLVENCY
PROCEEDINGS
Order shall also be registered
Surrender title issued in name of assignee &
debtor shall be entitled to entry of new
certificate
2.

GOVERNMENT IN EMINENT DOMAIN


Copy of judgment file in Register of Deeds
which states description of property,
certificate number, interest expropriated,
nature of public use
Memorandum shall be made or new certificate
of title shall be issued

CHAPTER 15:
DEVISE

TRANSMISSION BY DESCENT AND

WHEN OWNER OF PROPERTY DIES testate or intestate,


Administrator shall file with Register of Deeds
registration of property in his name to be vested with
ownership as trustee so he can sell, etc, convey, etc
Not necessary if already empowered in the will
WHEN JUDICIAL PROCEEDING NOT NECESSARY
Heirs may partition estate immediately & no need to be
burdened with cost/expenses of an administrator
In absence of debts
Heirs are all of legal age

Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
PARTITION/SETTLEMENT OF ESTATE
JUDICIAL
After entry of final judgment of partition, copy
certified by clerk of court to be filed with
Register of Deeds
Each owner to gave separate certificate of title
(duplicate)
If ordered to be sold, purchaser shall be entitled
to a certificate of title entered in his name
upon presentment of order confirming sale
EXTRAJUDICIAL
Decedent died intestate
No debts
Heirs are all of legal age, or minors represented
by guardian
Heirs to execute public instrument to be
filed with Register of Deeds
If disagree with each other, file in court
ordinary action for partition
If there is only 1 heir, may adjudicate to
himself entire estate via affidavit to
be filed with Register of Deeds
If there is movables involved, bond to
be filed equivalent to value of
property as certified under oath by
parties conditioned upon payment
if any just claim which may be
filed by creditor within 2 years
after distribution
Publication in newspaper of general
circulation for 3 weeks; not
binding to those without notice
Final after 2 years
ORAL PARTITION, WHEN DEEMED VALID
In provinces when person dies leaving property not
covered by Torrens system to avoid legal expenses,
heirs make a list of property, pay off debts & assign
to each
Statute of frauds do not operate because it is not a
conveyance but a separation of property and
designation of part which belongs to them
WILLS AND LETTERS OF ADMINISTRATION
Executor required to file with Register of Deeds a
certified copy of his letters of administration or the
will if there is a will in order that Register of Deeds
may register upon certificate a memorandum with
reference to file no & date of filing
COURT AUTHORITY NEEDED IN ORDER TO SELL
May be dispensed with if will empowers him sell
Without authority first secured, heir may sell subject to
result of pending administration
CHAPTER 16: ASSURANCE FUND
State creates a fund for the compensation of persons
injured by divesting/cutting off of rights due to the
indefensibility of title; following that act of
registration is operative act by which State transfers
title; created to relieve innocent persons from
harshness of doctrine that certificate of title is
conclusive evidence of an indefeasible title to land.
Upon entry of certificate in name of owner or TCT, of
1% shall be paid to Register of Deeds based on
assessed value of land as contribution to assurance
fund; if no assessment yet, sworn declaration of 2
disinterested persons subject to determination by
court.
Money shall be under custody of the National treasurer;
invest it until P+I aggregates to 500,000, excess shall

be paid to the Assurance Fund; annual report of


Treasurer to Secretary of Budget
WHO IS ENTITLED:
Claimant must be owner, purchaser or encumbrancer in
good faith who suffered actual damage by loss of
land; in short he is deprived of his land or interest
therein
No negligence attributable to him
Claimant is barred from filing action to recover said land
Action to recover from assurance fund has not prescribed
LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING
REASONS:
1. Breach of trust
2. Mistake in resurvey resulting in expansion of area in
certificate of title

LOSS/DAMAGES SHOULD
REASONS:

BE

DUE

TO THE

FOLLOWING

AGAINST WHOM ACTION IS FILED:


Action due to deprivation of land due to mistake,
negligence, omission of Register of Deeds, etc
Register of Deeds and National Treasurer as
defendants; Sol-Gen must appear
Private persons involved should also be impleaded
LIABILITY:
Satisfy claims from private persons first
When unsatisfied secondary liable is the National
Treasurer who shall pay thru assurance fund;
thereafter Government shall be subrogated to rights
of plaintiff to go against other parties or securities
MEASURE OF DAMAGES:
Based on amount not greater than fair market value
of land
Amount to be recovered not limited to 500,000
which is maintained as standing fund
If fund is not sufficient, National Treasurer is
authorized to make up for deficiency from other
funds available to Treasury even if not appropriated
WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE
FUND:
Any court of competent jurisdiction RTC in city where
property lies or resident of plaintiff
Action prescribes in 6 years from time plaintiff actually
suffered loss
If plaintiff is minor, insane or imprisoned has
additional 2 years after disability is removed to file
action notwithstanding expiration of regular period

CHAPTER 17: PETITIONS AND MOTIONS AFTER


ORIGINAL REGISTRATION
LOST DUPLICATE CERTIFICATE
Sworn statement that certificate is lost to be
filed by person in interest with Register of
Deeds
Petition to court for issuance of new title
After notice and hearing court to order
issuance of new title with memorandum

Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
that it is issued in place of lost certificate
(duplicate)
If false statement: complex crime of estafa
thru falsification of public document
ADVERSE CLAIM IN REGISTERED LAND
Whoever claims a better right or interest in
a land adverse to the registered owner shall
make written statement alleging his right,
how and when acquired with description of
land
Statement to be signed and sworn to
Entitled to registration as adverse claim
noted on certificate of title
If there is petition speedy hearing,
determine validity of adverse claim
May be cancelled without court order;
effective only for 30 days
After cancellation, no adverse claim on
same ground may be registered by same
claimant
Adverse to registered owner
Arises after original registration
Cannot be registered under provisions
of land registration act
To be made on original certificate, to the
duplicate is not necessary because no access
Contracts of lease, contract to sell but
prescription and money claims are not
allowed
Purpose: measure designed to protect the
interest of a person over a property where
registration is not provided for by the land
registration act; serve as notice and warning
to persons subsequently dealing on said
land
Different with lis pendens: permanent; can
only be removed after hearing is done but
adverse claim is only for 30 days: lis
pendens notice that property is in
litigation; adverse claim; somebody is
claiming better right
Recent ruling: adverse claim can only be
removed upon court order
3. PETITION
SEEKING
SURRENDER
OF
DUPLICATE TITLE
In voluntary and involuntary conveyances
when duplicate cannot be produced, petition
in court may be filed to compel surrender of
certificate of title duplicate to Register of
Deeds
After hearing, may order issuance of new
certificate and annul the old certificate; new
certificate shall contain annotation re
annulment of old certificate
4. AMENDMENT
AND
ALTERATION
OF
CERTIFICATE OF TITLE
A certificate of title cannot be altered,
amended except in direct proceeding in
court; summary proceeding
Entries in registration books also not
allowed to be altered except by order of the
court
Grounds:
New interest not appearing on the
instrument have been created
Interest have terminated or ceased
Omission or error was made in entering
certificate

Name of person on certificate has been


changed
Registered owner has married
Marriage has terminated
Corporation which owner registered
land has dissolved and has not
conveyed the property within 3
years after its dissolution
What corrections are permitted in title
(which does not include lands included in
original; technical description as long as
original decree of registration will not be
reopened and rights or interest of persons
not impaired; old survey was incorrect;
substitution of name of registered owner)
1. Alteration which do not impair
rights and
2. Alteration which impair rights
with consent of all parties
3. Alterations to correct obvious
mistakes

5. RECONSTITUTION
OF
ORIGINAL
CERTIFICATE OF TILE
As consequence of war records have been
destroyed
When reconstituted have same validity as
old title
Can only be done judicially by filing a
petition for reconstitution with RTC
To be published in OG for 2 cons issues and
on main entrance of municipality at least 30
days before hearing
In rem proceedings
Court to order reconstitution if it deemed
fit; issue order to Register of Deeds
Lack of essential data fatal
6. TRANSACTION
EVIDENCED
BY
LOST
DOCUMENT HOW REGISTERED
Register of Deeds forbidden to effect
registration of lost or destroyed documents
Steps by interested parties:
1. Procure authenticated copy of lost
or destroyed instrument
2. Secure an order from court
CHAPTER 18: FEES, OFFENSES, PENALTIES
In connection with original and subsequent
registration of lands payable to Clerk of court,
Register of Deeds, sheriff
Full payment of fees prerequisite to registration: at
least the entry fee of 5.00, rest of the fees due
payable within next 15 days
OFFENSES:
1. Larceny
2. Perjury false statement under oath
3. Fraudulent procurement of certificate: fine of not
more than 10,000 or imprisonment of 5 years or both
in discretion of court
4. Forgery: fine of not more than 10,000 or
imprisonment of 10 years or both in discretion of
court
Forging of seal in Register of Deeds, name,
signature or handwriting of any officer of
court of Register of Deeds
Fraudulent stamping or assistance in stamping
Forging of handwriting, signature of persons
authorized to sign
Use of any document which an impression of the
seal of the Register of Deeds is forged

Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
5.

Fraudulent sale: sale of mortgaged property under


the misrepresentation that it is not encumbered;
deceitful disposition of property as free from
encumbrance: imprisonment of 3 years or fine not
exceeding 2,00 or both at discretion of court

CHAPTER 19: REGISTRATION OF PUBLIC LANDS


PUBLIC LANDS all lands owned by the government
Inalienable and alienable
Inalienable public domain: timber and miner lands
Alienable/ Disposable - public agricultural land
PUBLIC

PERSON.

LAND MAY BE ALIENATED, CONVEYED TO PRIVATE

PROCEDURE:
Official issuing instrument of conveyance to issue
instrument
File instrument with Register of Deeds
Instrument to be entered in books and owners duplicate
to be issued
Instrument only contract between Government and
private person and does not take effect as conveyance
if unregistered, it is registration which is operative
act of conveying land; evidence of authority for
Register of Deeds to register
Fees to be paid by grantee
After issuance of certificate of title, land is deemed
registered land within the purview of the Torrens
system
NATURE OF TITLE TO PUBLIC LANDS CONVEYED:
INDEFEASIBLE AND CONCLUSIVE
In absence of registration, title to public land is not
perfected and therefore not indefeasible
In case of 2 titles obtained on same date one procured
thru decree of registration is superior than patent
issued by director of lands
2 titles procured by one person one from homestead
patent, one from judicial decree & sold to 2 diff
persons, one who bought it for value and in good
faith & one who register first shall have preference
CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
Classification is exclusive prerogative of executive & not
by judiciary
Anyone who applies for confirmation of imperfect title
has burden of proof to overcome the presumption
that the land sought to be registered forms part of
public domain (Regalian doctrine)
UNDER THE CONSTITUTION:
Agricultural only one subject to alienation
Forest or timber
Mineral lands
National park
UNDER THE PUBLIC LAND ACT:
1. Alienable/disposable
a. Agricultural
b. Residential, commercial, industrial
c. Educational, charitable
d. Town sites and for public and quasi-public
uses
2. Timber lands - inalienable
3. Mineral lands inalienable
If patent or title is issued void ab initio for
lack of jurisdiction
Not subject to acquisitive prescription; even if in
possession for long time, will not ripen into
ownership
Except: mineral lands and forest lands acquired
before inauguration of Commonwealth in

10

November 15, 1935; vested rights which are


protected
FISHPONDS
Before: included in definition of agriculture, conversion of
agricultural land to fishponds does not change character of
land
Now: restricted meaning; fishponds has distinct category;
cannot be alienated but may be leased from government.
DIRECTOR OF LANDS
Quasi-judicial officer
Findings of fact conclusive on higher court with absence
of fraud, mistake other than error of judgment; but
not with regards to finding of law
Empowered to alienate and dispose lands
MODES OF ALIENATING PUBLIC LANDS:
Homestead settlement
Sale
Confirmation of imperfect or incomplete title
Judicial legalization
Administrative legalization
Lease not included since lease does not transfer ownership;
free-title grant: free distribution of public lands to
encourage people to cultivate; government furnishes the
applicant with tolls plus cash allowance to enable him to
cultivate
CONFIRMATION OF IMPERFECT TITLE:
Last extension granted by Government was until
December 31, 1987
Right made available to person qualified to acquire
alienable and disposable public land thru open,
continuous, exclusive, notorious (OCEN) possession
under bonafide claim of ownership since June 12,
1945.
Prior to transfer of sovereignty from Spain to
US, have applied for purchase but did not
receive title, without default on their part
provided they have occupied since their
application
In OCEN possession since June 12, 1945 or
earlier
Members of cultural minorities in OCEN who
has claim of ownership for at least 30 years
MAX LAND THAT CAN BE APPLIED: 144 hectares
In case of foreigner, sufficient that he is already Filipino
citizen at the time of his application
Corporation who has less 60% Filipino ownership cannot
apply confirmation of imperfect title; can only lease
PERSONS COMPETENT TO Q UESTION LAND GRANT
Persons who obtained title from State or thru persons
who obtained title from State
PATENT
WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY
OPERATION OF LAW:
1. Deed of conveyance issued by government
patent/grant
2. Registered with Register of Deeds mandatory:
operative act to convey & transfer title
3. Actual physical possession, open & continuous
Land ceased to be part of public domain & now
ownership vests to the grantee
Any further grant by Government on same land
is null & void
Upon registration, title is indefeasible

Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT
Indefeasible when registered, deemed incorporated with
Torrens system; 1 year after issuance of patent
May not be opened one year after entry by Land
Registration Authority; otherwise, confusion,
uncertainty & confusion on government system, of
distribution of public lands may arise & this must be
avoided
Except: annullable on ground of fraud, may be
reopened even after 1 year because registration does
not shield bad faith
Court in exercise of equity jurisdiction may
direct reconveyance even without ordering
cancellation of title
AIM OF HOMESTEAD PATENT:
Benevolent intention of government to distribute
disposable agricultural land to destitute citizens for
their home and cultivation
As a matter of public policy, may be repurchased even if
after 5 years provided not for profit
Right of repurchase not allowed if sold within family &
not for cultivating or living but for speculation
purpose
RESTRICTIONS:
Cannot be alienated within 5 years after approval of
application for patent
Cannot be liable for satisfaction of debt within 5 years
after approval of patent application
Subject to repurchase of heirs within 5 years after
alienation when allowed already
No corporation, partnership, association may acquire
unless solely for commercial, industrial, educational,
religious or charitable purpose or right of way
subject to consent of grantee & approval of Secretary
of Natural resources
EXCEPTIONS:
Action for partition because it is not a conveyance
Alienations or encumbrances made in favor of the
government
ERRED HOMESTEADER NOT B ARRED BY PARI DELICTO
Pari delicto rule does not apply in void contract
Violation of prohibition results in void contract
Action to recover does not prescribe
HOMESTEADER
If he dies, succeeded by heirs in the application
LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS
(CULTURAL MINORITIES)
Conveyance is valid if able to read and can
understand language where deed is written
Otherwise, not valid unless approved by Commission
on National Integration
Safeguard is to protect them against fraud/deceit
CHAPTER
20:
PROCEEDINGS

CADASTRAL

REGISTRATION

PURPOSE:
Another means to bring lands under operation of Torrens
System
Ordinary registration is slow for lack of initiative on part
of landowners, innovation was conceived to hasten
and accelerate registration
Government initiates that all lands within a stated region
are up for registration whether or not owners are
interested to settle their titles
NATURE OF PROCEEDINGS:

11

In rem
No defendant & no plaintiff
Compulsory

PROCEDURE:
1. CADASTRAL SURVEY
In opinion of Phil president pursuant to
requirement of public interest, title of land
within a specified area needs to be settled
and adjudicated
Order Director of Lands to make survey and
plan
Director gives notice to persons claiming
interest in lands & to gen public of day of
survey published in OG and posted in
conspicuous place on lands to be surveyed
Geodetic engineers commences survey
During survey, boundaries are marked by
monuments
2. FILING OF PETITION
After survey and plot been made, Director
represented by Sol Gen institutes cadastral
proceeding by filing petition in court
against holders, claimants, possessors,
occupants
Parcel of lots given their cadastral numbers
PUBLICATION OF NOTICE OF HEARING
Court to order date of hearing
LRA to notify public by publishing notice 1x in
OG and 1x in newspaper of general
circulation & copy mailed to person whose
address is known & other copies posted in
conspicuous place designated bylaw
FILING OF ANSWER
Any person claiming interest in any part of
lands subject to petition is required to file
answer
Answer must give the ff details:
Age of claimant
Cadastral number of lot claimed
Name of barrio or municipality where
lot is located
Name of owners of adjoining lots
If in possession & without grant no of
years in possession
If not in possession state interest
claimed
If assessed of taxation assessed value
Any encumbrances affecting said lots
HEARING OF CASE
In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles if
they could prove title
If none could prove title land is declared
public domain
DECISION
Claimants are notified of decision
ISSUANCE OF DECREE AND CERTIFICATE OF
TITLE
Upon order of court, LRA to enter decree of
registration
Decree made basis for issuance of OCT
Decree are now being directly prepared and
issued on regulation forms of such
certificate
NATURE OF TITLE COVERED BY 2 ACTS:
Title in good faith & for value
Errors in plan does not annul decree of registration
Cancellation & correction is permitted

Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
LAND ALREADY REGISTERED
Jurisdiction is limited only to correction of technical
errors
Court cannot issue decree on land already decreed

12

Revision of decree allowed when substantial rights are


not impaired; what is prohibited is registered land to
be registered again in name of another
Jurisdiction subsist to all incidental matters

CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION


CADASTRAL
ORDINARY
Party Initiating
Government
Private Individual
Subject Matter
Private and Public
Private Lands
Ownership
Government does not assert ownership
Ownership is Asserted
Interested only in settlement of titles
Survey
Government undertakes survey and
On account of owner
advances expenses
As to risk
In absence of successful claimant,
Applicant has another chance to claim is
property goes to government
dismissal is without prejudice
WHEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED
10 years up to Dec 31, 1968
Unable to file their claim even while in possession granted right to petition for reopening of proceedings provided such were not
alienated, leased or disposed by government
CADASTRAL COURT DOES NOT AWARD DAMAGES, B UT MAY DIRECT SHERIFF TO DELIVER POSSESSION
Provisions of land registration act applicable to cadastral proceedings
CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS
System of registration for unregistered land under the Torrens System (ACT 3344)
Before: covers voluntary dealings, now includes involuntary dealings
Effect if prospective; binds 3 rd persons after registration but yields to better rights of 3 rd person prior to registration (limited effect
to 3rd parties)
Reason: no strict investigation involved
Subsequent dealings also valid if recorded
Register of Deeds keeps day book & a register; index system is also kept
Procedure:
1. Presentment of instrument dealing in unregistered land
2. If found in order registered
3. If found defective registration is refused writing his reason for refusal.