Land Titles and Deeds

Conveyance in Fee

Procedure in Transferring Registered Land: 1. An owner desiring to convey in fee a registered land must have to execute a deed of conveyance that is sufficient in law. 2. Thereupon, the Registrar makes out in the registration book a new certificate of title, in duplicate, in the name of the grantee, delivering to him the owners duplicate certificate.

3. The Register of Deeds shall note upon the original and duplicate certificate the date of transfer, the volume and page of the registration book in which the new certificate is registered and a reference number to the last preceding certificate. 4. The original and the owners duplicate of the grantors certificate shall be stamped cancelled

5. The deed of conveyance shall be filed and indorsed with the number and the place of registration of the certificate of title of the land conveyed.

Description of Land: The land object of conveyance must properly described, with lot number, block number, location, boundaries, and area. - if a given piece of property with visible boundaries which were agreed upon by the contracting parties as the land be bought and sold and the vendor by mistake in the description in the conveyance included therein land previously sold to a third person not included in the visible boundaries referred to, an action lie in favor of the vendor to correct the instrument to describe correctly the land to be sold

* Where the description of the titled property appearing in the deed did not tally with that appearing in the certificate of title nor was the location of said property even mentioned, nor the block or cadastral lot numbers written in words and figures the deed is defective and unregistrable.

Rule and exceptions when Boundaries prevail over area: - Where it appears that the land is so described by boundaries as to put its identification beyond doubt , an erroneous statement relative to the area of the questioned parcel may be disregarded because what really defines a piece of ground is not the area but the boundaries therein laid down.

This does not apply however boundaries relied upon do not identify the land beyond doubt. Neither does the rule apply where the boundaries given is in the registration plan that do not coincide with the outer boundaries of the land covered and described in the muniments of title.