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Recording
Land Titles
evidence of the right of the owner or the extent of his interest, and by w/c means he
can maintain control, and as a rule, assert right to exclusive possession and enjoyment
of the property
Possession
Legal Title/Ownership
can exercise full powers of disposition over his land with complete freedom
from control by 3rd persons and subject only to legislative and constitutional
powers of the State
Deeds
A deed will NOT be declared void if by any reasonable rule it can be upheld
Deed defective in form = equitable right BUT insufficient to pass legal title
GR: Deeds executed outside the state shall be valid if they comply with the forms
prescribed by law of the place of execution
Types of estate:
1. Freehold estate - indicates title of ownership
b. Fee tail
restrictive estates; designated to pass title from the grantee to his heirs, the intent of
the grantor being to keep the property in the grantee's line
c. Life estate
held for the direction of the life of the grantee (HOWEVER, may terminate earlier as by
forfeiture)
Example: estate may be given to a widow for life provided she shall remain a widow
2. Less-than-freehold estate - signifies some sort of a right short of title from the grantee to his
heirs, the intent of the grantor being to keep the property in the grantee's line of issue (nature
of a lease)
Term: up to 99 years (max allowable by the Civil Code) EXCEPT: where the lessee is an
alien
nature of a lease w/c may run from month to month or from year to year, w/ the
peculiarity of automatic renewal from time to time UNLESS expressly terminated by
either party
However, if by the terms of the lease the period can only be extended by written
consent of the parties, no right for extension can arise w/o such written consent
form of lease agreement where a person is permitted to occupy the land of another w/o
any stipulation as to period, but either party reserves the right to terminate the
occupation at will or at any time
3 stages of development:
1. Delivery of Deed
2. With recording
3. With registration
Registration
Registration (merely confirms NOT confers title) - Torrens Title (adopted in the Phils.)
State provides a public record of the title itself upon w/c a prospective purchaser
or someone else interested may rely
aims at presenting the prospective purchasers or mortgagee the net result of all
the previous dealings
purpose: to afford some means of publicity so that persons dealing w/ real prop.
may search the records and thereby acquire security against instruments the
exec. of w/c has not been revealed
Recording
acts provide for the recording of deeds of conveyance and other instruments
WITHOUT guaranteeing the title, leaving to the prospective purchasers or other
persons interested to examine the instruments in the records and formulate
their own conclusions as to their effect on the title
presents the dealings themselves before such prospect who is left to investigate
for himself
Systems of registration
1. System under the Spanish Mortgage Law -abolished by PD 892 (Feb 16 1976)
2. Torrens system
rights acquired by the registrant are guaranteed by the gov't for w/c purpose there is
provided an assurance fund w/c is made avail to pay for damages that may be suffered
by the registrant as a consequence of the operation of the
Torrens title - conclusive against the whole world, including the gov't and to a holder
thereof in GF it is guaranteed to be indefeasible, unassailable and imprescriptible
governing registration of lands under the Torrens system as well as the recording
of transactions relating to unregistered lands, including chattel mortgages
Torrens system
Original Reg.
finds that the applicant has title proper for the registration a decree of
confirmation and reg. is entered to bind the land and quiet title
Subsequent Reg.
Whether:
proceeding where incidental matters after after orig. reg. may be brought bef.
the land reg. court by way of motion or petition filed by the reg. owner or a party
in interest
constitutionality was questioned on the grounf that it deprived a person of his prop. w/o
due process of law by merely failing to reg. his right or title in acc. w/ the prescribed
system
State as sovereign over the land situated w/in it, may provide for the adjudication of
title in a proceeding in rem, w/c shall be binding upon all persons known or unknown
Proof of acquisition from the State - one claiming private rights must prove
Forest lands or forest reserves are NOT capable of private appropriation and possession,
however long, CANNOT convert them into private property
positive act of the gov't is needed to declassify land w/c is classified as forest, to
convert it into alienable or disposable land or for other purpose
The classification of forest land or any land for that matter is descriptive of its
legal nature or statues, and does NOT have to be descriptive of what the land
looks like (Dela Cruz v. CA)
Although the classification of lands is a gov't prerogative w/c it may opt to exercise to
the detriment of another, still private interests regarding the same are not prejudiced
and the possessor in GF is respected in his right NOT to be disturbed
It is an iron doctrine that prescription can never lie against the gov't
2. Title by prescription
a possessor of land who may NOT be the owner, after the lapse of a certain period
prescribed in the law, may assert ownership as against anyone EXCEPT the true owner
or one w/ a better title based on an earlier possession which he had not abandoned
The character of occupancy which may ripen into a title by adverse possession must as a
rule be 1 w/c is actual or physical, adverse, open and notorious, exclusive, continuous
and uninterrupted, coupled w/ the fact that it must be under claim of ownership
does NOT run against private lands brought under the operation of the Torrens System,
nor against public land EXCEPT where the law expressly so provides
Laches v. Prescription
Prescription
matter of time
statutory
applies inequity
fixed time
Laches
NOT statutory
applies at law
a. Acquisitive Prescription
mode of acquiring (or losing) ownership and real rights through lapse of time in
the manner and under conditions laid down by law, namely the possession be in
the concept of an owner, public, peaceful, uninterrupted and adverse
Example of color title: donation propter nuptias w/c is void for failure to comply
w/ formal reqs., could still constitute a legal basis for adverse possession w/c
serves as a basis for claim of ownership
*con justi titulo y buena fe - color of title and good faith
b. Extraordinary Prescription
ownership and other real rights over immovable property acquired through
uninterrupted adverse possession thereof for 30 years w/o need of title or of GF
EX: As long as he expressly or impliedly recognizes the co-ownership, it may take place
where it is clearly shown that the co-owner has repudiated the co-ownership, and that
the other co-owners were appraised of the repudiation
Co-ownership
Art. 484 Civil Code: There is co-ownership whenever the ownership of an undivided
thing or right belongs to different persons
Art. 1623 Civil Code: The right of legal pre-emption or redemption shall NOT be
exercised EXCEPT w/in 30 days from the notice in writing by the prospective vendor, or
by the vendor, as the case may be. The Deed of Sale shall NOT be recorded in the
Registry of Property UNLESS accompanied by an affidavit of the vendor that he has given
written notice thereof to all possible redemptioners
Where there are several co-owners and some of them die, the heirs of those who die,
w/ respect to the part belonging to the deceased, become also co-owners of the
property together w/ those who survive (Cid v. Peralta)
Co-owners w/ actual notice of the sale are NOT entitled to written notice
merely a trustee
UNLESS: repudiation known to other co-owners and evidence must be clear and
convincing
Art. 493Civil Code: Each co-owner shall have the full ownership of his part and of the
fruits and benefits pertaining thereto, and he may thereto, and he may therefore
alienate, assign or mortgage it, and even substitute another person in its enjoyment,
EXCEPT when personal rights are involved. BUT the effect of the alienation or the
mortgage, w/ respect to the co-ownership shall be limited to the portion w/c may be
allowed to him in the division upon termination of the co-ownership
no co-ownership when the diff. portions owned by diff. people are already concretely
determined and separately identifiable EVEN IF: NOT yet technically described (Dela
Cruz v. Cruz)
Partition of land need NOT be in writing - NOT legally deemed conveyance of real
property (NOT transfer of property from one to another)
affect only his share (NOT co-owners who did NOT consent)
Co-owner may demand anytime the partition of the thing owned in common
Redemption from the government: the co-owner who exercises the right of redemption
claimed exclusive ownership and hold it in trust for others
a Torrens title CANNOT be collaterally attacked, the issue on its validity can only be
raised in an action expressly instituted for that purpose (Ong et al v. Sps Cabuscos
(2001))
only applies when the person enforcing the trust is NOT in possession of the
property
possession must be attacked before one can take action
BUT when the right of the true and real owner is recognized, expressly or
implicitly such as when he remains undisturbed in his possession = Quieting of
title - imprescriptible
Failure and intentional omission to disclose the fact of actual physical possession by
another person during reg. proceeding = actual fraud
Cert. of title
merely confirm or record title already existing and CANNOT be used to protect a
usurper from the true owner or be used as a shield for the commission of fraud
(Esquivas v. CA)
Upon the lapse of 1 year from the issuance of the orig. cert. of title, his title
already became indefeasible and can NO longer be controversial
Trust
characteristics:
1. relationship
of fiduciary in char.
2. involves the existence of equitable duties imposed upon the holder of title to the prop, to
deal w/ it for the benefit of another
either:
right, enforceable solely in equity, to the beneficial enjoyment of the property, the legal
title to w/c is vested in another and is further subdivided into:
essential reqs:
EX to implied trust:
3. Title by accretion
Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion which
they gradually receive from the effects of the current of the waters.
elements:
land where the accretion takes place is adjacent to the bank of the river
When soil and earth, weeds and other deposits are washed away from other places and
gradually settle down and attach themselves to one's land that used to border on a
stream or local body of water, the owner of this land becomes the owner of the
additional area
caused by action of the sea being a mere indention of the same (part of
public domain)
man-made accretion
Alluvium - deposit itself; soild deposited on the estate fronting the river bank
Accession - right of the owner of the principal thing to all that it may produce or that
may be united to it, whether naturally or artificially, under the theory that the accessory
follows the principal
4. Title by reclamation
legal title to the land does NOT pass until the conveyance shall have been duly
registered or made of public record.
escheat
forfeiture
confiscated
seized
attached
Heir v. Devise
Heir - certain degree or relationship with the decent (may be extra judicial)
welfare of the landless farmers will receive the highest consideration to promote
social justice and to move the nation toward sound rural development and
industrialization
2. Oldest title w/ GF