1. The document discusses the history of land ownership and land titles in the Philippines. Originally, land was communally owned and freely accessible. Under Spanish rule, the crown claimed ownership over all lands and private titles could only be acquired through government grant or purchase.
2. The document defines key terms related to land ownership including deeds, titles, estates, and modes of land acquisition. It explains the differences between titles, ownership, and different types of estates like fee simple.
3. The purpose of land registration is to quiet titles, provide publication of ownership, and prevent future disputes over land boundaries and ownership. Proper registration involves surveying land and recording titles and transfers with the proper authorities.
1. The document discusses the history of land ownership and land titles in the Philippines. Originally, land was communally owned and freely accessible. Under Spanish rule, the crown claimed ownership over all lands and private titles could only be acquired through government grant or purchase.
2. The document defines key terms related to land ownership including deeds, titles, estates, and modes of land acquisition. It explains the differences between titles, ownership, and different types of estates like fee simple.
3. The purpose of land registration is to quiet titles, provide publication of ownership, and prevent future disputes over land boundaries and ownership. Proper registration involves surveying land and recording titles and transfers with the proper authorities.
1. The document discusses the history of land ownership and land titles in the Philippines. Originally, land was communally owned and freely accessible. Under Spanish rule, the crown claimed ownership over all lands and private titles could only be acquired through government grant or purchase.
2. The document defines key terms related to land ownership including deeds, titles, estates, and modes of land acquisition. It explains the differences between titles, ownership, and different types of estates like fee simple.
3. The purpose of land registration is to quiet titles, provide publication of ownership, and prevent future disputes over land boundaries and ownership. Proper registration involves surveying land and recording titles and transfers with the proper authorities.
a.) History: in the early days land for religious was literally free to all who might come and get it, just as free as Land Titles: refers to the the air and the sea. ownership is based. - the evidence of the right of - Nomadic (roaming from place to ownership of the ownership of place) until they learned to the owner or the extent of his cultivate the fields extensively. interest, and by which means he - Communal in organization can maintain control and as a rule assert right to exclusive *In the philippines the country of possession and enjoyment of Spain the crown spared no time the property. to proclaim full ownership over all the lands so that private land Color Titles: it gives semblance titles since then could only be or appearance of one, it still falls acquired from the government short of title in the legal sense. either by purchase or by the various modes of land grant. Estate: it merely represents the nature, extent, degree and Exceptions: quantity of a persons interest in a.) One could establish that as the land. claimant he and his predecessor- in-interest had been in *Estate in fee simple: regarded possession of the land from time as having the title as an absolute immemorial to justify that the ownership and he can exercise land had been a private property full powers of disposition over his even before the Spanish land, with complete freedom from domination. control by third persons, and subject only to legislative and constitutional power of the State. a.) Freehold estates: indicates Deeds: refers to a written title of ownership instrument executed in 1.) Fee Simple: an absolute accordance with law, wherein a estate in perpetuity and without person grants or conveys to any limitation imposed upon the another certain land, tenements estate (no qualification or or hereditaments. restriction) - it must have a grantor, a 2.) Fee Tail: designed to grantee, words of grant, pass the title from the grantee to description of the property the heirs, intending to keep the involved, signature of the property in the grantees lines of grantor and at least two issue. witnesses and a notarial 3.) Life Estate: one held for acknowledgement. the duration of the life of the - attestation is required in grantee but may be terminated the case of a will and earlier as by forfeiture. testament. Example: usufruct of a - informal instrument and yet widow to be perfectly good to convey so long as it contains the b.) Less than-freehold estate: essentials prescribed by signifies some sort of a right statutes. short of title. - it cannot be declared void if 1.) Estate for years: in the by any reasonable rule it can be nature of a lease, and therefore upheld. is short of title. - a deed defective in form Example: The grantee or may grant an equitable right but lessee takes over the possession insufficient to pass the legal of the land for a period agreed title. upon but the grantor retains the legal title to the property. Types of Estates: 2.) Tenancy from period period: may run from month to Title: referring to the document. month or from year to year with A juridical act or deed. It is not the peculiarity of automatic sufficient by itself to transfer renewal from time to time unless ownership. The act is the deed of expressly terminated by either sale only vest the title but not party. ownership. 3.) Tenancy at will: - when you execute your rights. Exclusive enjoyment and Lecture for the 1st Week: control. -Pay taxes with the BIR (issue Joan Didion (American Author): I certificate of title) think nobody owns the land until -Register of the title with the their dead are in it. registry of deeds.
Ownership is important to Title is not the same or equals to
acquire identity. It is a sign of ownership because a title is only modernization from a nomadic a pre-cursor in owning a stage. There is disparity but property/land. there also a sense of legacy.
Purpose of Land Registration: Attributes of Ownership:
1.) Quiet the title to land and to a.) right to possess forever stop any question as to b.) right to use and enjoy the legality of said title. c.) right to receive the fruits and - judicial declaration accessories 2.) To provide a means of d.) right to consume and abuse publication e.) right to dispose or alienate - announcement that f.) right to recover possession someone owns the property g.) right to construct any work h.) right to hidden treasures i.) right to exclude others and to 6.) Accretion: increase of land fence the property mass because of the gradual act of the water and must be Modes of Acquisition of title: adjacent to the bank. 1.) Public Grant: obtained or Registration is needed because given by the Spanish crown. the title indicates the metes 2.) Emancipation patent or grant: and bounds of the land to avoid in line with the comprehensive dispute. Except in sea banks land program. A reward or a sign because it is owned by the of gratitude done. State. 3.) Reclamation: the process of 7.) Involuntary alienation: act of filling up of the sea with dirt to the government of ... extend the land. Only the national 8.) Succession: descent- government can do reclamation. decedent is the person who died 4.) Adverse Possession or and gives to the heirs. Acquisitive: For adverse devise- decedent in favor to a possession 30 years. non-heir. -for prescription (good faith 10 years) to take place possession of the property must Lecture on the 2nd week: be open to the public not a Land Title: evidence of right or secret, there must be continuous extend of interest, by which he possession, must be can maintain control and as a notorious or known to others and rule assert right to exclusive lastly possession must be possession and enjoyment over exclusive or exclusion of the property. others. Property must be alienable and disposable. Certificate of Title: it is the 5.) Private grant or voluntary document itself. Transcript of the transfer: thru sale, donation ... decree of registration made by the Register of Deeds in the Registry. It is merely an evidence 4. Body of the title is a of ownership. It contains the declaration name of the owner/s, based on 5. Signature of the ... the approved survey, if there were any annotation. Deed: an instrument in writing, by which any real estate or interest Original Certificate of Title: the therein is created, alienated, first title issued mortgaged or assigned or by (juridical/administrative); the which title to any real estate may original copy is for the Registry be effected in law or equity. of Deeds; the duplicate is for the owners copy. Laws governing land registration: 1. PD No 1529 Property Transfer Certificate of Title: it is Registration Decree: it the title issued by the registry of supersedes all laws except deeds in favor of a transferee to those not inconsistent whom the ownership of a 2. CA 141 Public Land Act: registered land. It cancels the lands of the public domain is OCT; it is for a better tracking open to disposition or down of ownership. alienation 3. RA No 8371 Indigenous Precise and correct statement Peoples Right Act: re-issuance of title and how to go about If there is a violation of the areas contract the..- the title should be 4. RA No 10023 Issuance of cancelled then a new title should Free Patents to residential be made. lands
1. Place Legal effect of a deed of sale..?
2. Original certificate of title (quiz) 3. No. ---- Land registration: judicial or conflicts will be even more administrative proceeding abrasive, if not violent; regress whereby a persons claim of ownership over a particular land Republic vs Guerrero 133168 is determined and confirmed or Govt is required ... reserve; any recognized so that such land and encumbrance will limit; object is the ownership thereof may be to obviate possible conflicts of recorded in a public registry title by giving the public right to rely upon the face of the Torrens Purpose: certificate and to dispense, as a 1.) to prove the best ownership- rule, with the necessity of so it would be binding to 3rd inquiring further. persons 2.) for the peace of mind Due diligence: you inquire further 3.) indefeasibility (cannot be even if the title is clean in its attacked): there would be a one face; gives the owner a peace of year leeway to question the mind validity of the title, the regularity of its registration Registration is not a mode of 4.) facilitate transaction; easier acquiring ownership; Sec 2 of PD to look into the cleanliness of the 1529; Merely a procedure to title establish evidence of title over realty Torrens System: most effective measure to guarantee the Certificate of title is not a source integrity of land titles and to of right; it merely records or protect their indefeasibility once conforms a title already existing the claim of ownership is and vested; mere possession.. established and recognized; without this system, land Purpose: 1. to quiet title to land; to put a stop forever to any question of the legality of the title, except claims which were noted at the time of the registration in the certificate or which may arise subsequent thereto 2. to relieve the land of unknown liens or claims just or unjust against it except statutory liens under sec 44 of PD 1529 3. to establish priority and right... 4. to create indif.. 5. to provide means of publication or notice to third parties.. 6. to facilitate stablished to land rules... 7. to facilitate transactions relative thereto by giving the public the right to rely upon the face of the Torrens certificate of title and to dispense with the need of inquiring.. 8. to prevent fraudulent claims