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For group 5 quiz

A "lien" is a charge on property usually for the payment of some debt or obligation. It is a
qualified right or a proprietary interest, which may be exercised over the property of another. It is a right
which the law gives to have a debt satisfied out of a particular thing. It signifies a legal claim or charge on
property, either real or personal, as a collateral or security for the payment of some debt or obligation.
On the other hand, encumbrance is a much broader term, referring to any sort of claim against a
property. Encumbrance is a burden upon land, depreciative of its value, such as a lien, easement, or
servitude, which, though adverse to (the) interest of (the) landowner, does not conflict with his
conveyance of (the) land in fee.
Any lien is an encumbrance, but not all encumbrances are liens. Liens always represent a
monetary interest. Encumbrances are not necessarily monetary, but they also include property use
restrictions or easements. Encumbrances can be any interest in the property of another person that
burdens or reduces the property's value or clear title.
A notice of lis pendens, or a pending litigation, or the fact that the property is under litigation is
not within the purview of what is legally considered a lien or encumbrance. The term notice of lis
pendens is a distinct concept, as differentiated from the term lien or encumbrance. A notice of lis pendens
being a mere cautionary notice to a prospective buyer or mortgagee of a parcel of land under litigation,
then it imposes no obligation on the owner, but on the prospective buyer. Therefore, It cannot conceivably
be the "lien or encumbrance" contemplated by law.

Section 44 declares that every owner of registered land shall hold the same free and clear from
any and all liens and encumbrances except those noted in the certificate of title and those mentioned and
excepted in that section.
In the case of De Jesus vs. City of Manila, it was held that the purpose is to give to the person
registering, and to his transferee for value, an absolutely clean title, one not subject to hidden defects, to
undeveloped or inchoate claims, to any sort of restriction, limitation or reduction except those named in
the certificate of registration or described in the law. That being the purpose of the statute, the exceptions
specified in Section 44 will not be enlarged beyond the actual signification of the words used or extended
beyond the limits which the words themselves actually set.


No, a person is not required to go behind the registry to determine the condition of the property.

It was held in Abrigo vs De Vara that a person dealing with registered land is not required to go
behind the registry to determine the condition of the property, since such condition is noted on the face of
the register or certificate of title. Following this principle, this Court has consistently held as regards
registered land that a purchaser in good faith acquires a good title as against all the transferees thereof
whose rights are not recorded in the Registry of Deeds at the time of the sale.

Simple subdivision plan is a subdivision plan of a registered land into lots which do not constitute
a subdivision project has defined and provided for under P.D. No. 957 wherein all boundaries, streets,
passageways and waterways, if any, shall be distinctly and accurately delineated while complex
subdivision plan is a subdivision plan of a registered land wherein a street, passageway or open space is
delineated on the plan.
If a subdivision plan, be it simple or complex, duly approved by the Commissioner of Land
Registration or the Bureau of Lands together with the approved technical descriptions and the
corresponding owner's duplicate certificate of title is presented for registration, the Register of Deeds
shall, without requiring further court approval of said plan, register the same in accordance with the
provisions of the Land Registration Act, as amended: Provided, however, that the Register of Deeds shall
annotate on the new certificate of title covering the street, passageway or open space, a memorandum to
the effect that except by way of donation in favor of the national government, province, city or
municipality, no portion of any street, passageway, waterway or open space so delineated on the plan shall
be closed or otherwise disposed of by the registered owner without the approval of the Court of First
Instance of the province or city in which the land is situated.
A registered owner desiring to consolidate several lots into one or more, requiring new technical
descriptions, shall file with the Land Registration Commission, a consolidation plan on which shall be
shown the lots to be affected, as they were before, and as they will appear after the consolidation. Upon
the surrender of the owner's duplicate certificates and the receipt of consolidation plan duty approved by
the Commission, the Register of Deeds concerned shall cancel the corresponding certificates of title and
issue a new one for the consolidated lots.