Professional Documents
Culture Documents
Land Titles and Deeds Notes
Land Titles and Deeds Notes
Land Titles and Deeds Notes
Principles
Historical Background
nomads (free) > cultivate > Spain proclaim ownership except predecessor-in-
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
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
Deeds
alienated, mortgaged or assigned, or by w/c the title to any real estate may be
the grantor and as required specifically under the Phil. law, we may add also
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
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
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
grantee or lessee takes over the possession of the land for a period agreed upon
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
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
another w/o any stipulation as to period, but either party reserves the right to
3 stages of development:
1. Delivery of Deed
2. With recording
3. With 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
prop. may search the records and thereby acquire security against instruments
message
Recording
acts provide for the recording of deeds of conveyance and other instruments
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
Torrens title - conclusive against the whole world, including the gov't and to a
imprescriptible
governed by Sec. 194 of the Revised Admin. Code as amended by Act 3344
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
Register of Deeds (RD) upon title form denominated "Orig Cert. of Title"
Subsequent Reg.
transaction filed directly w/ RD of the province or city where the land lies for
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
prop. w/o due process of law by merely failing to reg. his right or title in acc. w/
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
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
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
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
inequity being founded on some change in the condition of the property or the
NOT statutory
applies at law
a. Acquisitive Prescription
in the manner and under conditions laid down by law, namely the possession be
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
ownership and other real rights over immovable property acquired through
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. 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
vendor that he has given written notice thereof to all possible redemptioners
die, w/ respect to the part belonging to the deceased, become also co-owners of
Co-owners w/ actual notice of the sale are NOT entitled to written notice
merely a trustee
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
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
Partition of land need NOT be in writing - NOT legally deemed conveyance of real
(2000)
Since registration serve as constructive notice to other and
for convenience only and does NOT affect the validity or enforceability of the acts
renouncing in favor of another heir who accepts and receives the inheritance
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
a Torrens title CANNOT be collaterally attacked, the issue on its validity can only
Cabuscos (2001))
obtained
prescribes in 10 years from the time of its creation or upon the fraudulent reg. of
property
BUT when the right of the true and real owner is recognized, expressly or
title - imprescriptible
Failure and intentional omission to disclose the fact of actual physical possession
Cert. of title
protect a usurper from the true owner or be used as a shield for the commission
named
Upon the lapse of 1 year from the issuance of the orig. cert. of title, his title
Trust
characteristics:
1. relationship
of fiduciary in char.
either:
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
right, enforceable solely in equity, to the beneficial enjoyment of the property, the
been contemplated
illegitimate, of one paying the price of sale, no trust is implied by law, it being
essential reqs:
resulting trust
CA)
EX to implied trust:
if the beenficiary is the child of the one who paid
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
NOT applicable if
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
4. Title by reclamation
legal title to the land does NOT pass until the conveyance shall have been duly
escheat
forfeiture
confiscated
seized
attached
7. Title by descent or devise
Heir v. Devise
Heir - certain degree or relationship with the decent (may be extra judicial)
promote social justice and to move the nation toward sound rural development
and industrialization
2. Oldest title w/ GF