Land Titling in the Philippines

ATTY. ERWIN L. TIAMSON
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Outline
I. Land Administration
II. System of Land Ownership
III. Land Classification
IV. Land Surveys
V. Land Titling
VI. Land Registration

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Land Administration
“The processes of determining,
recording and disseminating
information about the tenure,
value and use of land”
* Land Administration Guidelines, UN-ECE
(1996)

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Land Administration
Land administration can be likened to
accounting and book keeping, except
that instead of money, it is land that is
being inventoried, accounted and
booked. The land is identified through
survey, the rights over it adjudicated
and registered and thereafter
an“indefeasible” title is issued by the
State.
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Government Functions Associated with Land Administration ! Cadastral Surveying and Mapping ! Land Titling ! Land Registration ! Cadastre/Land Information Systems 5 .

Institutional Arrangement ! Government Agencies Involved in Land Administration 6 .

LRA Projection Map 7 . Narrative Descriptions. Land X Classification/Use Titling LGU X LC Maps. IP Maps X PLAs.Land Agencies. Expedientes. Maps and Plans. X Certificate of Titles. etc. Subdivisions and Consolidations X X Cadastre X X X Cadastral Maps. Patents. Land Use Maps. Certificate of Titles. Maps and Plans. Mandates & Records LAND AGENCIES MANDATES DENR Original Survey X LRA-RD X Registration RECORDS GENERATED Survey Data. Tax Maps. Primary Entry Books Survey Data. Narrative Descriptions.

System of Land ownership 8 .

The first is State ownership under the concept of the Regalian Doctrine. The second is the right to private ownership.System of Land Ownership Basic Principles: There are two basic principles that underpin land ownership in the Philippines. 9 .

fisheries.System of Land Ownership Regalian Doctrine . waters. With the exception of agricultural lands. petroleum and other mineral oils. minerals. forces of energy.” 10 . flora and fauna and other natural resources are owned by the State. all other natural resources shall not be alienated.Article XII of the 1987 Constitution. coal. forest or timber. wildlife. “All lands of the public domain.

141 or the Public Land Act For purposes of administration and disposition. Section 8 of Commonwealth Act No.System of Land Ownership Only lands that has been delineated and declared as alienable and disposable lands can be disposed as private land by the State. 141. in accordance to its use or purpose. industrial. Section 9 of CA No.11 . commercial. etc. educational. alienable and disposable lands shall be subc l a s s i fi e d a s a g r i c u l t u r a l . r e s i d e n t i a l . reservations for public use.

ports and bridges constructed by the State. banks. roadsteads.System of Land Ownership Public Domain Lands . 12 . and others of similar character and lands that are intended for some public purpose. canals. Forest and mineral lands and national parks are all lands of the public domain and no private ownership is allowed in this type of lands. such as roads. torrents.are lands that are owned by the State. rivers. shores. It includes lands that are intended for public use.

Private lands are originally acquired from the State by q u a l i fi e d p r i v a t e p e r s o n s ( o r i g i n a l disposition). Once disposed.System of Land Ownership Private Lands . it becomes private property and it can be transferred by the owner to any person who are allowed by the law to acquire lands. 13 .are those lands that are owned by private persons.

System of Land Ownership Once the land has been granted. 14 . it becomes private and the land becomes segregated from the lands of the public domain .Titled Lands The private lands are absolute property of the private owner to the exclusion of everyone including the State.

(Section 3. forest or timber.Classification of land Lands of the public domain are classified into agricultural. mineral lands and national Parks. 1987 Constitution 15 . Article XII.

16 . limit of 12 hectares. Only agricultural lands may be disposed.LAND OF THE PUBLIC DOMAIN Forest Mineral Agricultural Lands National Parks Under Article XII of the Constitution forest and mineral lands and national parks are owned by the State and not subject to disposition. Lands must be classified the by the government before it can be disposed.

Classification of Land ! Article XII of the 1987 Constitution Alienable and Disposable Lands – Public Land Act (CA No. 3915) 17 ! .“Protected Area” under National Integrated Protected Area System Act of 1992 (RA7586)/National Parks (Act No.141. as amended) ! Mineral Lands – The Mining Act of 1995 (RA 7942) ! Forest Lands – Revised Forestry Code (RA 705) ! National Parks .

Public Land For Titling to Citizens ! Officially delimited and classified as Alienable and Disposable ! Surveyed ! Not reserved for public or quasipublic uses ! Not been appropriated by the government ! Not Private Land 18 .

1921 FOREST ZONE 19 .Land Classification Map Old ALIENABLE AND DISPOSABLE LC MAP NO. 1 MUNICIPALITY OF LABO PROVINCE OF CAMARINES NORTE.

Land Classification Map Old Alienable or Disposable Unclassified Public Forest 20 .

22 Lot No. 17 Lot No. 19 Lot No. 21 21 . 15 Lot No. 14 Lot No. 20 Lot No. 12 Lot No. 16 Lot No.Land Classification (1930) Cadastral Survey (1967) Forest Lot No. 13 Lot No. 18 Lot No.

Y# 132 Y# Y# # 17 226 S C A L E : 1: A L 18 Y# Forestland+(Block0+I).B FL Y# Blk . # Y# NOTE : # Road alignments were based on Topographic Maps at Scal secondary data.03&hectares& A # # A P # # 207 K # Y# 47 Y# Y# AND # # 48 11∞59' 147 # Y# 42 # # 41 Y# 130 Y# 28 # # # # Y# 133 25 40Y# 40 Y# Y# Y# # # 136 Y# Y# 37 21 169 # 13 Y# 145 Y# Y# Y# 121∞52' 121∞54' 222 # BLOCK C FORESTLAND (Protection Purposes) AREA = 36. # 11 218 # Y# 10Y# 10 Y# 234 # # # # S 9 Y# Y# BLOCK G FORESTLAND (Protection Purposes) AREA = 0.K FL 11∞58' L Y# Y# 69Y# 68 Y# 85 67Y# 84 # 53 93 89 213 212 Forestland+(Block–C). 106 Y#89 # 67 60Y# 77 59 58 53 105 Y# Y# # # 52 Y# 102 84 101 # # 210 85 # # # # # BLOCK B FORESTLAND (Protection Purposes) AREA = 10. ROADS AND SHORELINES 3 meters DEPARTMENT OF ENVIRONMENT AND NATURAL # # # 4 # MAC-3 # # # # [ % MAC-4 [ % # A Y# 3 Y# # # # Y# # 236 Y# Y# 220 I hereby certify that this is the correct map of the areas delineate Philippine Tourism Authority based on Proclamation No.03 Has.++ Rocky& Islet.98 # U G BA NO LA BA MA GY OC BR AN YM C Y# 16 Y# Y# 130 Y# 194 Y# Y# # 199 Y# 216 Y# 230 Y# Y# Trail 233 Y# Y# Y# 232 Buffer (River and Road) 217 214 # # # 13 # # # Y# 12 Y# Covered canal BLOCK I FORESTLAND (Protection Purposes) AREA = 0.42& hectares& PROJ.++ Rocky& Islet& with& an& area& of& 0.Proposed LC Map 3642 # # 15 meters from the center AU TH O RI TI ES 239 # # 240 Y# # Y Y# Y# Forestland+(Block+0+J). Aguilar . Philippines.03 Has. LC Mapping Section Attested by 121∞55' : Virgilio F. Lino Chief.3355_IV Sub-classification Report Land Classification Report of Arthur J. 2006 as open for disposition under the Public Land Act.+ Rocky&Islet&with&an&area&of&0. CANAL Y# 222 # Y# # # 221 # NATIONAL MAPPING AND RESOURCE IN BLOCK H FORESTLAND (Protection Purposes) AREA = 0.A 225 Y# # 24 Y# 23 BLOCK A FORESTLAND (Protection Purposes) 178 Y# # 22 # 21 188 Y# 759.42 Has.& FLAGT& and& tax& declaraBons& 75 Y# U Y# Y# Y# 72 87 88 BLOCK A FORESTLAND (Protection Purposes) AREA = 132.A FL Blk . 167 Y# # # 132 Y# # 11∞56' U 204 A 100 Y# 83 Y 81 Y# 80 E 64 # 63 62 Y# 61 # 79 Y 78 Y# BLOCK E FORESTLAND (Protection Purposes) AREA = 0. 74 73 214 12∞00' S Forestland+(Block0L).L FL BLOCK D FORESTLAND (Protection Purposes) AREA = 0. The with standard mapping procedures of the National Mapping and Reso is hereby approved.A form part of the forestland (protection) as shown on the map. Y# Forestland+(Block+0++H).Land Classification Map New 121∞54' 121∞55' 121∞56' 121∞52' 121∞57' 121∞54' 12∞00' Blk .& known& as& “Gro9o”& with&an&area&of&0. # AREA = 759.&& • Mountainous&with&elevaBon&from& sixty& (60)& to& ninety& eight& (98)& meters& above& sea& level& (asl)& and& with& slope& gradient& ranging& from& 18%&and&above.12& hectares& A 140 Y# 18 [ 35 % # [ % AKN 8 14 Y# BLBM 2 # BLOCK K FORESTLAND (Protection Purposes) AREA = 0. Basa Director.98 Has. Blocks D to L of Project 13 . Viernes & Jose L. Penos Ben C. RSRDAD NAMRIA # Y# # Y# # # 224 Y# # Y# Y# Y# 186 MAC-2 [ % MAC-1 % [ 235 Y# 228 Y# 232 230 Y# Y# 242 Y# Y# 244 245 Y# 243 121∞56' Y# 240 # 226 225Y# # Y# Y# # Y# Quezon City.33&hectares.22 Has.+ Rocky&Islet&with&an&area&of&0. 1801 and se ______. No. Y BLOCK A FORESTLAND (Protection Purposes) Y G B A L A B Y# Y# 120 # 220 Y# 121 Y# Y# Y# 123 . Baetiong Eduardo G.03&hectares& Boracay Island.07 Has.44 Has.22& hectares& 215 12∞00' 139 Y# 19 # # 36 203 Y# Y# # Y# Y# 170 Y# 144 Y# 223 171 Y# [ BLG-5 BLG-6 % [#% Y BLBM 1 [ % 34 Y# 17 16 33 141 Y# Y# 142 32 # 173 LAND CLASS Y# # # 174 Y# # 143 31 # 31Y N Y# 15 Y# # PROVINCE O # # 11∞58' 175 # # 202 Y# Y# Y# 224 Y# 30 Y# 29 # # 28 Y# # 176 Y# 27 Y# # 26 177 25Y# 25 201 Y# Y# Y# 13. # 197 Y# Protection Forest includes roads and its corresponding bu of road and 30 meters inland of shoreline and other bodies of wate REPUBLIC OF THE PHILIPPINES 219 # 5Y# 5 Y# 238 2 # # The original reports. ROAD # # # 233 Y# 182 Y# Y# # # Topo Map .Team Leaders Reference . and DISP. Y# 70 Y# Y# 91 90 Y# Y# 52 75 # Y# Y# Y# 9 Y# Y# 10 73 71 # Y 63 11 # # # # [ YPK-2 % # # 64 Y# 70 # Y 3 [ YPK-1 % # 62 Y# 72 61 57 Y# 1 13 Y# 15 Y# 14 58 60 Y# 112 Y# # 99 Y# 98 117 Y# # Y# 115 Y# 113 114 ALIENABLE # 218 Y# Y# 91 # 92 Y# # 12 51 108 109 Y# 110 Y# 93 94 95 96 97 111 Y# 2 217 Y# Y# # 7 8 Y# 65 5 Y# 74 107 # # Y# 6 Y# 69 4 55 55 56 209 66 Y# 68 Y# 76 Y# 57Y# 54 Y# 54 BLOCK F FORESTLAND (Protection Purposes) AREA = 0.&&& • Area&of&36.12 Has.02 Has. # R 119 G A 124 Y# # # Y# 125 # # # # # Y# # 10 # Y# # # 129 Y# 29 11 Y# # # # Y# # 148 Y# Y## Y 151 # Y# 150 165 Y# # Y# 166 Y# 221 B 43Y# 43 Y# Y# # Y# 4 Y# 5 9 Y# 30 I BLG-3 [% 128 Y# # DISPOSABLE # 162 153 # # # # 44 Y# Y#157 Y# # BLG-4 [% 1 127 Y# 31 Y# # # 205 Y# Y# # S 206 Y# G R B Forestland+(Block0K).33 Has. Malay 184 190 Y# 140 19 Y# I For AGRICULTURAL PURPOSES (ALIEN. Y# 59 # # # Y# 208 Y 50 # Y# 118 49 # Y# 48 # # Y # # Y# Y# 46 Y# 219 B 45 .&& • C overed& with& natural& forest& generally&with&rocks&and&limestone.) Y# Y# # 200 Y# Y# 135Y# # 20Y# 20 Y# 179 Y# Y# 187 Y# Y# E U Y# A R E A MUNICIPALITY S S Forestland+(Block+0+G). # # 8 # 198 Y# 11∞57' 0 Main Road 215 # # 14 250 Control Point 231 Y# # Y# 500 New LC Lines Y# Y# 228 143 193 196 Y# 197 Y# Y# Y# Y# Y# 147 Y# 211 Y# Y# Y# Y# 201 199Y# 149 153Y# Y# 208 154 Y# Y# 204Y# Y# 200 205 15Y# 15 750 LEGEND 227 Y# 142 # G BR 1000 mts. 95 Y# 97 Y# 80 Y# Y# 87 103 Y# S Y# 81 U Y# 211 Y# Y# 216 99 Y# 82 # 94 Y# 98 # # 66Y# 83 65 Y# 82 A& D Blk .07&hectares& 223 # 227 NO TE 241 BLOCK J FORESTLAND (Protection Purposes) AREA = 0. 30 meters # # SHORELINE 121∞57' 22 . Y# 20 138 11∞54' # Y 137Y# # 168 12 Y# 146 26 27 134 Y# 24 135# Y 23 # 39 38 Y# BLOCK L FORESTLAND (Protection Purposes) AREA = 0.11 Has.38 Has.&& • C o v e r e d& w i t h& u n a p p r o v e d& cadastral& maps. fieldnotes and computation in connection he # # # # 1Y# 1 AKN 9 Y#[% Y# 244Y# 194 Y# 242 191Y# BLOCK A FORESTLAND (Protection Purposes) 121∞54' Checked by Verified by Finally checked by : : : Marlo M.++ Rocky& Islet& with& an& area& of& 0. ++ Rocky&Islet&with&an&area&of&0.21 Has. Y# 7 # # # Y# 6 E Y# # Y# Y # 235 INFORMATION SHOWING BUFFERZONES ON CANAL.

Land Survey ! No patent shall issue nor shall any concession or contract be finally approved unless the land has been surveyed and an accurate plat made thereof by the Bureau of Lands. Lot 12-A Lot 12-C Lot 12-B Lot 12-D Lot 12-E Lot 12-F Lot 12-G Lot 12-H Lot 12-I 23 .

rules and regulations issued by the DENR. 24 . lot or property unit in accordance with specific standards.Defining Boundaries in Land Parcel Lot boundaries delineates the extent of land ownership of land owners. Boundaries defines the extent of the parcel.

Importance of Survey Boundaries Identifies the actual or exact location of a property. tax mapping) • Or through ground identification by way of ocular inspection. title. tax declaration. • Identification can be made with reference to documents and muniments of titles (e. relocation and verification survey. 25 . survey plans. technical descriptions.g.

However. these can be subject to confirmation to ensure that the fences were properly located before it was built and are not subject to encroachment by the owners of the adjoining lands.Defining Boundaries in Land Parcel Boundary Indicators in Built-up Areas . 26 .the primary indicator of boundaries will most likely be walls and fences.

Defining Boundaries in Land Parcel Boundary Indicators in New Subdivisions the primary indicators of land boundaries will be the survey marks place by the surveyor on the lots or parcels. These survey marks are made of concrete monuments that conforms to the Manual of Land Surveys. 27 .

DAO 07-29) Isolated Surveys . and other purposes not more than 1.Classification of Land Surveys Cadastral Surveys .500 hectares. residential. (Section 5. commercial.conducted to determine the metes and bounds of all parcels within an entire municipality or city for land registration and other purposes including public land subdivisions less than 1.500 hectares.all types of surveys of isolated parcels of land for agricultural. 28 .

Approves all original land survey plans (Isolated and Cadastral Surveys) .Issues land survey regulations .Land Surveys FP980 H-322 MSA-223 FP121 FP545 H-12 PSU-1323 PSU-101 FP-977 6 PSU-101 .LRA approves simple subdivision of registered land PSU-101 corrected in the Cadastral Survey PSU-101 is erroneous 29 . .Director of Lands exercises direct executive control of the survey of the lands of the public domain.

) .New survey number is given (Cadastral No.No new original isolated survey in Cadastral Survey Area 30 . amended or rejected .Isolated to Cadastral Survey 5 6 1 2 7 8 3 9 10 11 4 14 Lot 12 Lot 13 (PSU-1323) 15 Lot 16 (PSU-101 Amended) Check Point .Old isolated surveys are adopted.

Simple Subdivision Lot 12-A Lot 12 Lot 12-B LRA and DENR has concurrent jurisdiction in the approval of simple subdivision of “Registered Land”. 31 .

approval of complex subdivision or those subdivision that creates a road lot is with the Director of Lands 32 .Complex Subdivision Lot 12-A ROAD LOT Lot 12 Lot 12-B Under PD No. 957.

Complex Subdivision Subdivision surveys with more than 9 resulting lots is a complex subdivision Lot 12-A Lot 12-C Lot 12-B Lot 12-D Lot 12-E Lot 12 Lot 12-F Lot 12-G Lot 12-H Lot 12-I Lot 12-J 33 .

35’E. 65 deg. Date of the original survey. 2. along line 4-5 by Lot 17. 3. along line 7-1 by Road Lot 6. 13. Beginning at a point marked "1" on plan. being S. 6. No. 37' E. 7. 10. 4. on the N. plan. Lots 5 & 5-A. 15 Blk. 15 Blk. Blk. 1 & 17 Blk. Pcs-13-003519. 16. Mons 15x60 cms. ). subd.16 m. 85 deg. along line 5-6 by Lot 541. thence N. 10. 9 & 16 Blk. 15 and on the E. Bounded on the S. 12 Blk.00 m. Pcs-13-003519 PEDRO PENDUCO A parcel of land (Lot 13.. to the point of.00 m. to point 2. bearings True. survey on May 20-30. conc. 10' E.52 m. thence Due East. Province of Metro Manila. LRC Rec. from LM No. 1. both of Pcs-3866 &Lot 783-A.. 1907 and that of the cons. subd. 14. to point 4.S. 16. BLK.305. to point 7. 12. Island of Luzon. along line 2-3 by Lot 15. 1988.. 15 Blk. 5. Piedad Estate.78 m. subd. along line 1-2 by Lot 14.00 m. 40 deg. situated in the Barrio of Bagbag. thence Due South. more or less.16 m. subd. City of Quezon. thence Due West. 10. along line 3-4 by Lot 16. plan. to point 5. on the NW. thence Due West. July 1 – Dec.00 m. along line 6-7 by Lot 12 of Blk.. plan. 15 Blk. beginning. containing an area of THREE HUNDRED THIRTY FOUR (334) SQUARE METERS. Piedad Estate. to point 6. All points referred to are indicated on the plan and are marked on the ground by P. 15 of the cons.. all of Pcs-13-001412. 15 of the cons. 15. Psd-49419. cyl.Identifying Land with Reference to a Document Narrative Technical Description LOT 13.. 20. all of Blk. to point 3. thence S. both of the cons. 5. thence Due West.. 34 . being a portion of the consolidation of Lots 17 Blk.

to point 5. Piedad Estate. both of Pcs-3866 &Lot 783-A. conc. to point 4. 16. subd. No. 10. Beginning at a point marked "1" on plan.16 m.. Date of the original survey. Mons 15x60 cms. subd. ).S. 1907 and that of the cons. cyl. thence Due East.00 m. Bounded on the S. July 1 – Dec. thence N. along line 1-2 by Lot 14. situated in the Barrio of Bagbag. subd.NARRATIVE TECHNICAL DESCRIPTION LOT 13. 16. thence Due West. 12. along line 4-5 by Lot 17. beginning. thence Due West. 15 of the cons. LRC Rec. both of the cons. along line 2-3 by Lot 15. thence Due South. bearings True. plan.00 m. to point 3. along line 6-7 by Lot 12 of Blk. 15. 14.. 10.. 1988. 15 and on the E. City of Quezon.78 m. All points referred to are indicated on the plan and are marked on the ground by P... 85 deg. to point 2. containing an area of THREE HUNDRED THIRTY FOUR (334) SQUARE METERS. all of Blk.00 m. 1. thence Due West. 4. 5. along line 7-1 by Road Lot 6. 15 Blk. 65 deg.. 15 Blk. 1 & 17 Blk. Island of Luzon. all of Pcs-13-001412. being S.00 m.52 m. along line 5-6 by Lot 541. 6. to the point of. thence S. to point 7. 3. 10. on the NW. BLK. Province of Metro Manila. 35 . 7. 15 of the cons. Pcs-13-003519 PEDRO PENDUCO A parcel of land (Lot 13. from LM No. 37' E.. more or less. 15 Blk. 13. on the N.16 m. 15 Blk. 20. Lots 5 & 5-A. 40 deg. Psd-49419. plan. survey on May 20-30. 9 & 16 Blk. 2. Piedad Estate. Pcs-13-003519. 10' E. subd. being a portion of the consolidation of Lots 17 Blk.305. Blk. 35’E. plan. 5. to point 6. 12 Blk. along line 3-4 by Lot 16.

Lot Data Computation Sheet 36 .

Sales and Free Patent 37 .Perfect Titles ! Public Land Disposition under Act No. 496 (1902) “Land Registration Law” ! Spanish Land Grants . 926 (1902) “Public Land Act” ! ! Confirmation of Imperfect Titles by the Court Public Land Grants by way of Homestead.Sources of Original Titles ! Initial Component ! Under Section 19 of Act No.

10023) ! Sales Patents .Sources of Original Titles (Direct Grants Public Lands) ! Public Land Grants from Alienable Agricultural Lands ! Patents – Issued by the DENR under the CA 141. now includes residential (RA No. RA No.issued to those who are willing to settle in frontier lands ! Free Patent . 730) ! Confirmation of Imperfect Titles 38 . ! Homestead Patent.issued to actual occupant and cultivator of agricultural land. Commercial and Industrial lands (Direct Sale residential lands.Agricultural. Residential. RA730 and RA10023.

or earlier.Sources of Original Titles (Indirect Grants . 1529 ! Lands under open. exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12. ! Lands acquired by right of accession or accretion under the existing laws. 14 of PD No. continuous. 1945.BOL) ! Lands covered by Sec. ! Lands acquired lands by prescription under the provision of existing laws. 39 .

1529 ! Land is claimed as private lands ! Land is acquired by operations of law ! Judicial determination of the claim under voluntary or cadastral proceedings 40 .Sources of Original Titles (Indirect Grants . 926 and PD No.BOL) ! Decrees – issued by the Land Registration Authority on the Judgment rendered by the Court on a land registration under Act No.

Derivative Titles ! Titles acquired through transfers as a consequence of: ! Sale ! Exchange ! Inheritance/Succession ! Donation ! Eminent Domain ! Involuntary Processes ! Tacking of Possession in Unregistered Lands 41 .

LAND OF THE PUBLIC DOMAIN Forest Agricultural Lands Mineral Not for Disposition Alienable and Disposable Agricultural Residential Commercial Homestead Sales Sale Direct Sale Free Patent Free Patent Sale Foreshore and Reclaimed Lease National Parks Private Lands Decree Intended for some Public Use or Purpose Reservations Special Patent Lease 42 .

to facilitate transactions in land. and to enable land to be used as collateral for a loan. 43 . A system of land title registration identifies each individual land parcel and provides confirmation by the state that the person named in the register has specified property rights in that parcel.Land Registration ! The main objects of land title registration are to protect property rights.

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The legal consequence of the transaction or the right created by the deed is registered. With the registration. ! TITLE SYSTEM . an indefeasible title is created 45 . being a document that describes an isolated land transaction is registered.SYSTEMS OF REGISTRATION ! DEED SYSTEM .The deed itself.

! Recording of rights in land is through a public registry of properties. 46 . ! Provide a safe and certain foundation for control.Purpose of Land Registration ! Provide order and stability to society by providing security in property ownership in defined units of land through recording rights and changes in the legal situation. enjoyment and transfer of rights in land.

TORRENS SYSTEM ! “Indefeasible titles” are acquired through registration ! The register reflects accurately the true state of the title to land (Mirror) ! Investigation of the “root of the title” is not necessary (Curtain) ! State guarantees the title compensation to innocent purchasers for value (Insurance) 47 .

Thank you very much! 48 .