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LTD 2
LTD 2
nomads (free) > cultivate > Spain proclaim ownership except predecessor-in-interest >
Recording
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 enjoyment of the
property
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 powers of
the State
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
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:
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)
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
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
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
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
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
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.
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
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:
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 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
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
matter of time
statutory
applies inequity
fixed time
Laches
NOT statutory
applies at law
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
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
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
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
merely a trustee
UNLESS: repudiation known to other co-owners and evidence must be clear 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 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)
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.
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 of co-owned property
Redemption from the government: the co-owner who exercises the right of redemption claimed
exclusive ownership and hold it in trust for others
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
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)
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
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 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
essential reqs:
EX to implied trust:
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 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)
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 the accessory follows the
principal
4. Title by reclamation
legal title to the land does NOT pass until the conveyance shall have been duly registered or
made of public record.
forfeiture
confiscated
seized
attached
Heir v. Devise
Heir - certain degree or relationship with the decent (may be extra judicial)
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
2. Oldest title w/ GF