Properties registered under the

Torrens System cannot be acquired

through prescription
BY PERSIDA ACOSTA
JANUARY 09, 2019

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 PROPERTIES REGISTERED UNDER THE TORRENS SYSTEM CANNOT BE ACQUIRED THROUGH
PRESCRIPTION

Persida Acosta
Dear PAO,
Our family has been in possession of a land for almost 30 years. This
land is not ours as it is owned and registered in the name of another
person. However, I heard that ownership of real properties can be
acquired after possessing it for over 30 years. Does this apply in our
situation?
Cherry

Dear Cherry,
Section 47 of Presidential Decree 1529, otherwise known as the
“Property Registration Decree,” provides:

“Section 47. Registered land not subject to prescriptions. No title to

registered land in derogation of the title of the registered owner shall
be acquired by prescription or adverse possession.” [Emphasis
supplied]

Clearly, registered lands such as the land that your family is in

possession, is not subject to acquisitive prescriptions. Thus, ownership
over the property cannot be transferred to the possessor despite the
lapse of 30 years.

We hope that we were able to answer your queries. This advice is

based solely on the facts that you have narrated and our appreciation
of the same. Our opinion may vary when other facts are changed or
elaborated.