TITLE TO PHILIPPINE REAL ESTATE

posted in at 9:33 AM

An adapted form of the

"Torrens" system of land registration
is used in the Philippines. This system was adapted to assure a buyer that if he buys a land covered by an ORIGINAL CERTIFICATE OF TITLE (OCT) or the more familiar TRANSFER CERTIFICATE OF TITLE (TCT) issued by the Registry of Deeds, the same will be absolute, indefeasible and imprescriptible. The registered owner will never lose his ownership to squatters no matter how long such land was illegally occupied.

The DEED OF SALE is the document showing legal transfer of real estate property ownership. The DEED OF SALE with the ORIGINAL OWNERS COPY OF TCT , ORIGINAL CERTIFICATE OF TITLE (OCT) or CONDOMINIUM CERTIFICATE OF TITLE (CCT) is taken to the REGISTRY OF DEEDS to be officially recorded.

Important note: Purchase only property with TITLE.
If there is none, a TAX DECLARATION is your last choice.

Tax Declarations are sometimes used but are not very enforceable in court because there may be many others with a Tax Declaration claiming ownership of the same property. A property may be Titled by taking the Tax Declaration to the Registry of Deeds. This is usually a long and tedious process. Must show historical proof of ownership.

Owners must be active in enforcing their property rights. Possession is 90% ownership. If the property owner can only show a Tax Declaration as an evidence of ownership, that means the land is untitled and not registered under the Torrens system. As such, the buyer will not get as much protection, as his title will not be absolute and can yield to one who has a better right, like the person actually possessing and occupying or tilling the land, and who subsequently applies for the titling of the land in his name.

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Shanika Heussaf

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