Land Titles And Deeds Notes:

Background,Basic Concept & Gen.

Principles (2/20)
Background

nomads (free) > cultivate > Spain proclaim ownership except

predecessor-in-interest > Recording

Land Titles

upon w/c ownership is based

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 v. Legal Title/Ownership - 2 distinct and separate concepts

Possession

outward evidence of title

may be enjoyed by usufructuary or lessee

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

Colorful Title - claim but with defect; no legal title

Deeds, nature and essentials

Deeds

written instruments executed in accordance with law, wherein a

person grants or conveys to another certain land, tenements or

hereditaments
an instrument in writing by w/c any real estate or interest therein

is created, alienated, mortgaged or assigned, or by w/c the title to any real

estate may be affected in law or equity
To be effective as legal conveyance w/o reformation: deed must

have a grantor, a grantee, words of grant, description of the prop. involved,

signature of the grantor and as required specifically under the Phil. law, we
may add also atleast 2 witnesses and a notarial acknowledgement
may be a very informal instrument (discouraged) as long as it

contains essentials prescribed by the statute

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

a. Fee simple

absolute title; absolute estate in perpetuity; title of land is conferred upon

a man and his heirs WITHOUT any limitation imposed upon the estate
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)

a. Estate for years

nature of the lease so no title

grantee or lessee takes over the possession of the land for a period

agreed upon but the grantor retains the legal title to the prop.
Term: up to 99 years (max allowable by the Civil Code) EXCEPT: where

the lessee is an alien

b. Tenancy from period to period

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
c. Tenancy at will
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 > Recording

-w/o guarantee from the State

Registration

merely species of notice

w/o effect under wrong system

Registration of title > Recording of evidence of title

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

notice to all the world

Rule of Notice: it is presumed that the purchaser has

examined every instrument of record affecting the title (presumption is

irrefutable)
NEVER necessary in order to give it legal effect as between the

parties

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

system maintains a permanent record of landholdings, in order to

prevent fraudulent claims to lands by concealment of transfers

GR: operation of the record is prospective

EX: Torrens system - subsequent conveyance may defeat a prior

unrecorded message
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

Land Registration Act (Act 496)

Cadastral Act (2259)

Public Land Act Commonwealth Act 141

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

3. System of recording for unregistered lands

governed by Sec. 194 of the Revised Admin. Code as amended by
Act 3344

Property Registration Decree (P.D. 1529) (Jun 11 1978)

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.
owner is req. to apply w/ the proper court

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
Land Registration Authority (LRA) as an officer of the

court issues the decree in prescribed form w/c is subsequently transcribed by

the Register of Deeds (RD) upon title form denominated "Orig Cert. of Title"
proceeding brought before the land reg. court to determine title of

ownership to the land on the basis of an application filed for registration or of

an ans. filed by a claimant in a cadastral registration case

Subsequent Reg.
becomes the subject of sale, mortgage, lease or other registerable

transaction filed directly w/ RD of the province or city where the land lies for
reg.
Whether:

title is cancelled and a new one is issued

transaction involved is merely annotated on the existing

title

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 of reg. laws in the Phils.:

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

Real/immovable (NOT personal) property as object of reg.

Modes of acquiring land titles:

1. by public grant - can be express or implied from the gov't

conveyance of public land by the government to a private individual

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

concerned w/ the fact of delay

matter of time

statutory

applies inequity

fixed time

Laches

concerned w/ the effect of delay

principally a question of inequity of permitting a claim to be

enforced, this inequity being founded on some change in the condition of the
property or the relation of the parties

NOT statutory

applies at law

NOT fixed time

a. Acquisitive Prescription

Prescription (in general)

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

Ordinary prescription - requires possession in GF + just title/color of title

(defective title) for 10 year

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
Prescription in favor of co-owner

GR: Prescription does NOT in favor of a co-owner

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

The right of redemption of co-owners EXCLUDES that of adjoining owners

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

Possesion of co-owner CANNOT ripen into ownership

merely a trustee

UNLESS: repudiation known to other co-owners and evidence must

be clear and convincing

Termination of Co-ownership (right of pre-emption or redemption) after

subdivision

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

after the physical division of the lot (Del Rosario v. Bansil)

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)

Valid although executed in an unregistered private document

(Kilario v. CA (2000)
Since registration serve as constructive notice to other and

for convenience only and does NOT affect the validity or enforceability of the
acts of the parties among themselves.
Confirmation or ratification of title or right of property that an heir

is renouncing in favor of another heir who accepts and receives the

inheritance (Heirs of Joaquin Teves v. CA)
NOTE: This is practically done to avoid taxes on other

transactions

Effect of Sale of whole property of co-ownership

affect only his share (NOT co-owners who did NOT consent)
Action to demand for partition - imprescriptibe or CANNOT be barred by laches

Co-owner may demand anytime the partition of the thing owned in

common
Redemption of co-owned property

Should be with all co-owners (CANNOT claim as exclusive property)

Redemption from the government: the co-owner who exercises the right
of redemption claimed exclusive ownership and hold it in trust for others

Prescription does NOT run against registered land

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))

Fraud in transfer of land = implied trust = right of reconveyance of

property wrongfully obtained

Act action for reconveyance based on implied/constructive trust ordinarily

prescribes in 10 years from the time of its creation or upon the fraudulent
reg. of the property. (NOT applicable for trust)
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)
evidence of indefeasible and incontrovertible title in favor of the

person named
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

legal relationship bet:

person having equitable ownership in property

person owning the legal title

characteristics:

1.

relationship

of fiduciary in char.

w/ respect to property (NOT one involving merely personal)

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

3. arises as a result of a manifestation of intention to create the relationship

either:

1.

Express Trust - created by the intention of the trustor or of the parties

2. Implied Trust - comes into by operation of the law either through

implication of an intention to create a trust as a matter of law or through the

imposition of the trust irrespective of, and even contrary to any such intention

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:
1.

resulting trust - by implication of law and presumed have to have

been contemplated

Art 1448 NCC -purchase money resulting trust

However, if the person to whom the title is conveyed is a child,
legitimate or illegitimate, of one paying the price of sale, no trust is implied
by law, it being disputably presumed that there is a gift in favor of the child

essential reqs:
actual payment of money, property or services, or an

equivalent consisting valuable consideration

consideration must be furnished by the alleged beneficiary of

a resulting trust

2. constructive trust - by construction of or arising by operation of law

(Ramos v. CA)

EX to implied trust:

if the beenficiary is the child of the one who paid

actual contrary intention is proved

Burden of proof: party asserting its existence

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:
accumulated of soil or sediment must be gradual and

imperceptible

result of the actions of the waters of the river

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

NOT applicable if
caused by action of the sea being a mere indention of the
same (part of public domain)

adjoining a pond or lagoon w/ respect to a land left dry

erosion (NOT protected by State)

man-made accretion

island should spring up in the midst of a stream or river

dumping saw dust (public domain)

all deposits caused by human intervention

Presumptin: change was gradual and caused by accretion

Accretion v. Alluvium v. Accession

Accretion = act; process whereby the soil is deposited

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

filling of submerged land by deliberate act and reclaiming title thereto

GR: only gov't can assert title to reclaimed land

EX: no longer necessary for public use

5. Title by voluntary transfer

legal title to the land does NOT pass until the conveyance shall have been
duly registered or made of public record.

6. Title by involuntary alienation

Land is forcefully acquired by State through:

exercise of eminent domain

escheat

forfeiture

confiscated

seized

attached

7. Title by descent or devise

acquired by virtue of hereditary succession to the estate of the deceased

owner

Heir v. Devise
Heir - certain degree or relationship with the decent (may be extra

judicial)

Devise - need NOT be in favor of a relative

8. Title by emancipation patent or grant

Comprehensive Agrarian Reform Program (CARP)

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

NOT transferable (Sec. 106 PD 1529)

Recording NOT indispensible to prove ownership

1.

possession (actual or symbolic) in GF

2.

Oldest title w/ GF