Professional Documents
Culture Documents
3. Torrens System –
• The Americans find that the Spanish Mortgage Laws was too
complicated; they introduced their own land registration system on
February 1, 1903. It was governed by Act 496, or the Land Registration
Law.
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secured, without the necessity of waiting for the courts, to avoid the
possibility of losing his land.
• Introduced in the Philippines during the American regime. Torrens system
replaced the existing system of land registration based on the Spanish
Mortgage Registration which was complicated.
• Under Philippine Laws, is considered as the best evidence of ownership over a
registered land. The Torrens certificate of title is presumed to have been
regularly issued, valid and without defects. The related presumption is that
the mortgage lender, the buyer or transferee of a titled land is not aware of
any defect in the title of the property he purchased or acquired. He is not
supposed to look beyond the title. He has the right to rely upon the face of
the Torrens title and to dispense with the trouble of inquiring further, except
when he has actual knowledge of facts and circumstances that would impel a
reasonably cautious man to make inquiry.
Subsequent laws enacted to strengthen the land registration system after ACT 496:
3. PD 1529
o Known as Property Registration Decree of June 11, 1978
o This law consolidates, in effect, all pre-existing laws on property
registration, which also covers chattel mortgages.
Purpose of recording or registration:
• Afford right of priority to the purchaser;
• Prevent fraudulent conveyances;
• To be deemed sufficient in law;
• To bind third person;
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• Land registration is the operative act to convey the land and affect title
thereto.
2. Survey Information
• Parcel identity (lot, block, survey plan number)
• Location
• Adjoining parcels
• Tie point, tie line
• Bearings and distances from corner to corner
• Area and date of survey
3. Registration Information
• Name of the Register of Deeds
• Title number, book number, page number
• Place/time/date of registration, name and signature of registrar
• Historical information (date and place of original registration, OCT No.,
Volume No., Page No., Decree No., record/name of original owner,
number of cancelled title for TCT)
4. Ownership Information
• Name/s of all persons whose interest make up the full ownership,
citizenship, civil status, postal address
ENCUMBRANCE
• Is a charge, claim or liability on real estate? It may reduce a property’s
value or restrictions on how it can be used. It does not prevent conveyance
of title ownership. Types of encumbrance:
Physical
Affects both the title and property conditions
Non-physical
Affects only the title
Encroachments
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ENCROACHMENT
• Unauthorized physical intrusions of a building or other form of real
property onto an adjoining property.
• Can mean a trespass, the owner of the property being encroached on can
take court action:
- Appurtenant
- By Necessity
- Easements
By Prescription
EASEMENT
• The right to use someone’s land. The right may be to use the land’s
surface or the air space above.
• Also called a non-possessory interest in real estate because they give the
easement holder the right to use the property but not to possess it.
1. Appurtenant easement
• Allows the owner of a parcel of land to use the land next to it:
a) Servient estate – the one giving the right–of-way
b) Dominant estate – the one asking or given the right of way,
the parcel of land that benefits from the easement
2. Easement by Necessity
• Owners of land have the right to enter (ingress) and leave (egress) their
property, to prevent them from becoming land-locking, making the
property useless.
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d) Use must be visible, open and notorious, so that the owner can
easily learn from it.
Deed of Restrictions
DEED OF RESTRICTIONS
• Conditions or limitations placed in a deed by the owner when property is
transferred to another party. It is usually created by individual parties
and affects a particular property.
Liens
- Real Estate Taxes
- Mechanic’s Liens
- Mortgage Liens
- Judgment
2. Mortgage Lien
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3. Mechanic’s Lien
A protection on the part of a supplier/contractor who provides
materials or services for the real estate. (e.g., lumber companies,
building materials suppliers, carpenters, plumbers, builders, etc.
A specific and involuntary lien, it is used when a property owner
does not pay for the work or materials provided.
4. Judgment Lien
A lien imposed on both the real and personal property of a
defendant/debtor, after a judgment that concludes a lawsuit is issued
and recorded by the court.
The back portion of the certificate of title (OCT, TCT or CCT) is blank portion with
heading “memorandum of encumbrances”. Examples of annotations or entries:
1. Lien
• Mortgage lien, tax lien, judgment lien – money claim
2. Judicial foreclosure
• Writ of attachment, writ of execution
3. Section 4 Rule 74 of the Rules of Court
• Refers to a 2-year prescriptive period for any claim in inheritance on
the estate of the deceased; from extrajudicial or judicial settlement of
estate
4. RA 26 – law on inheritance or estate settlement
5. Right-of-way or easement
a. Servient estate: Right-of-way annotation is at the title of the
servient estate
b. Dominant estate
6. Lease
7. Adverse claim
• Ownership claim; no court case yet; if elevated to court becomes “lis
pendens”
8. Lis pendens
• Ownership claim under court litigation
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9. Cancellation of annotations
10. Conveyance of portion of the property
11. Deed of assignment
• to a corporation in exchange for shares of stocks
12. Master deed in a condominium
13. Subdivision and condominium restrictions
14. Special power of attorney
15. Joint venture agreement
16. Donation
17. Socialized housing annotation
18. Affidavit of loss and many more.
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History:
2. Act 2374:
▪ CLR was given over the Court of First Instance
▪ Creation of the General Land Registration Office (GLRO)
▪
3. RA 1151 : June 17, 1954
▪ GLRO was abolished and replaced with Land Registration
Commission (LRC)
▪ LRC worked under the Department of Justice
▪ LRC had direct control of the Register of Deeds
▪ Establishment of RDs in every city and province
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Mandate of LRA
➢ To implement and protect the Torrens System of land titling and
registration.
➢ To be the central repository of all land records, registered or titled.
➢ To issue degrees of registration proceedings and cause the issuance by a
registrar of deeds the corresponding certificate of titles.
➢ To issue all subsequent or Transfer Certificate of Titles (TCT) which may
either be issued judicially or administratively.
➢ To keep the title history or records of transaction (chain of title) involving
titled or registered lands.
➢ To exercise control over the disposition or alienation of registered land in
accordance with existing government rules and regulations.
➢ To provide legal and technical assistance to the courts on land
registration cases.
➢ To extend assistance to other agencies of the government in the
implementation of the agrarian reform program.
➢ To collect revenue for the government.
The advent of Republic Act 7718 (the “BOT Law”) and its enhancement to include
information technology (IT) projects has provided LRA with a timely avenue by
which it will be able to realize its mission and vision to improve its ability to
secure its land titles and other documents and to deliver its services more
efficiently and effectively. By focusing on IT as a key strategy, the LRA will
strengthen the implementation of the land titling system in the country not only
as a significant revenue source for the government, but more importantly, to
enhance the integrity of the Torrens System. With the Land Titling
Computerization Project (LTCP), a query on the status of a land title can be made
anywhere, anytime from any of the various Registries of Deeds nationwide; that
there will be a shift from largely paper-based to a largely paperless system
thereby securing tighter control over land titles; that it will hasten the turn-
around time in the generation and issuance of land title, among others.
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