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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.

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
1.

Grantor

2.

Grantee

3.

Words of grant

4.

Description of property

5.

Signature of grantor

6.

Witnesses

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:
Types of estates:
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

b. Tenancy from period to period – lease running from month to month or year to year
with automatic renewal

6.

Title by involuntary alienation – no consent from owner of land; forcible
acquisition by state

c. Tenancy at will – person is permitted to occupy land of another without stipulation
as to period

7.

Title by descent or devise – hereditary succession to the estate of deceased
owner

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
a. Estate for years – lease for a period agreed upon, lessor retains ownership of land

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owner might rest secure 13. Promulgation of judgment by court 10.8. occupants & those who have interest in property 7. Filing of answer or opposition to application 8. date of initial hearing & other pertinent docs 5. Persons Bound When Title Not Registered: CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS 1. 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. Instruct land registration authority to issue decree of confirmation & registration 10. Persons with actual notice Procedure in Land Registration Case: Chapter 2: TORRENS SYSTEM – ORIGIN. Protects against encumbrances not noted on the Torrens certificate 6. beneficiaries of the system pay the fees Eliminates tax titles 1. Setting of date of initial hearing of application by RTC 4. Gives eternal title as state ensures perpetuity 11. 9. Makes fraud almost impossible 7. Eliminates repeated examination of titles 3. Service of notice – contiguous owners. It assures 8. Filing of application for registration by applicant 3. Instantly reveals ownership 5. Title by emancipation patent or grant – for purpose of ameliorating sad plight of tenant-farmers. Grantor 2. Clerk of court to transmit to Land Registration Authority the application. NATURE & GENERAL CHARACTERISTICS Advantages: 1. Issuance of decree by RTC – decision. Send copy of decree to Register of Deeds 12. Transcription of decree of registration in registration book & issuance of the owner’s duplicate original certificate of title of the applicant by the Land registration Authority – upon payment of prescribed fees. Furnishes state title insurance rather than private title insurance 12. Publication of notice of filing of application. Abolishes endless fees 2. date & place of hearing – in OG and in newspaper of general circulation 6. not transferable except by hereditary succession 3. Reduces records enormously 4. Entry of decree of registration in Land Titles Administration 11. Keeps up the system without adding to burden of taxation. Hearing of case by RTC 9. Survey of land by Bureau of lands or duly licensed private surveyor 2. Heirs & devisees Who may Apply: 2 of 18 .

1. Private lands 2. Tracing cloth plan duly approved by the Director of Lands 2.024 ha. 3 copies of surveyor’s certificate 4. Patrimonial property of state 6. Those in open. Those who acquired ownership of private lands by right of accretion 4. Apply to both Filipinos & foreign cos. Lease for 25 years renewable 7. Full names & address of occupants & adjoining owners What to Accompany Application:  Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a TCT. motion praying that same be considered in relation to the pending application Form & Contents of Application: Transaction Took Place after Issuance of Decree: 1. 4 copies of certificate by city/provincial treasurer of assessed value of land Amendments Allowed & Not Allowed 1. 5. Description of land 3. If engaged in agricultural – restricted to 1. 8. 1. ANSWER & DEFAULT 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 3 of 18 . 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: 1. Citizenship 4. Present instrument to RTC. Substantial change in boundaries or increase in area – new technical description necessary – need new publication & notice 2. CHAPTER 4: PUBLICATION. Limited to 1. 1945 or earlier 2. Substitution of name of new owner – file motion with court 3. notorious possession of patrimonial property of state under bona fide claim of ownership since June 12. continuous. Those who acquired ownership of private land by prescription 3. Restricted as to extent reasonably necessary to enable it to carry out purpose which it was created 4. Those who acquired ownership in any manner provided for by law Limitation to Ownership of Land by Corporation: 1. In writing & signed by applicant or person duly authorized 2. At least 60% Filipino to acquire private land 3. Civil status 5. exclusive.000 ha. Record instrument in Register of Deeds in same manner as if no application was made 2. 3 copies of technical descriptions 3. All original muniments of title 5.

Department of Agrarian Reform. Director of Mines 2. CHAPTER 5: HEARING & DECREE 4 of 18 . Set forth objections to the application  Land applied for belongs to the state 2.To Whom Notice must be Sent: Who Conducts Hearing: 1. RTC 2. City/municipal mayor & provincial governor 1. Director of Fisheries. Adjoining owners & those who have rights or interest thereto Requisites of Opposition: 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 1. Solicitor General & Director of Lands . State interest claimed by oppositor  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 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. Refer to referee – commissioner 3.