Land Titles and Deeds

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CI VI L LAW ( LAND TI TLES)

MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
CHAPTER 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES
LAND TITLE evidence of right of owner or extent of his interest, by which means he can
maintain control and as a rule assert right to exclusive possession and enjoyment of
property
DEED instrument in writing which any real estate or interest therein is created,
alienated, mortgaged or assigned or by which title to any real estate may be affected in
law or equity
1. Grantor
2. Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses
TYPES OF ESTATES:
1. FREEHOLD ESTATE indicates title of ownership
a. Fee simple absolute title; conferred without limitation, qualification or
restriction
b. Fee tail pass title to grantee & his heirs
c. Life state held for duration of life of grantee
2. LESS THAN FREEHOLD ESTATE a right short of title
a. Estate for years lease for a period agreed upon, lessor retains
ownership of land
b. Tenancy from period to period lease running from month to month or
year to year with automatic renewal
c. Tenancy at will person is permitted to occupy land of another without
stipulation as to period
3 STAGES OF DEVELOPMENT OF LEGAL SYSTEM OF TRANSFERRING TITLES:
1. Production & delivery of deed by grantor to grantee without registration
2. Deed of conveyance is recorded to bind 3rd persons
3. Registration of title
REGISTRATION guarantees the title
RECORDING does not guarantee the title; need to examine other docs
PURPOSE OF REGISTRATION:
1. Serve as constructive notice
2. Prevent fraudulent claims
3. Protect interest of strangers to transaction
MODES OF ACQUIRING LAND TITLES:
1. Title by public grant conveyance of public land by government to a private
individual
2. Title by acquisitive prescription open, continuous, exclusive, notorious
possession of a property
3. Title by accretion alluvion
4. Title by reclamation filling of submerged land by deliberate act and reclaiming
title thereto; government
5. Title by voluntary transfer private grant; voluntary execution of deed of
conveyance
6. Title by involuntary alienation no consent from owner of land; forcible
acquisition by state
7. Title by descent or devise hereditary succession to the estate of deceased
owner
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MEMORY AID
8. Title by emancipation patent or grant for purpose of ameliorating sad plight of
tenant-farmers; not transferable except by hereditary succession
Chapter 2: TORRENS SYSTEM - ORIGIN, NATURE & GENERAL
CHARACTERISTICS
ADVANTAGES:
1. Abolishes endless fees
2. Eliminates repeated examination of titles
3. Reduces records enormously
4. nstantly reveals ownership
5. Protects against encumbrances not noted on the Torrens certificate
6. Makes fraud almost impossible
7. t assures
8. Keeps up the system without adding to burden of taxation; beneficiaries of the
system pay the fees
9. Eliminates tax titles
10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private title insurance
12. Makes possible the transfer of titles or of loans within the compass of hours
instead of a matter of days
PURPOSE OF TORRENS LAW: quiet title to land once registered, owner might rest secure
PERSONS BOUND WHEN TITLE NOT REGISTERED
1. Grantor
2. Heirs & devisees
3. Persons with actual notice
PROCEDURE IN LAND REGISTRATION CASE:
1. Survey of land by Bureau of lands or duly licensed private surveyor
2. Filing of application for registration by applicant
3. Setting of date of initial hearing of application by RTC
4. Clerk of court to transmit to Land Registration Authority the application, date of
initial hearing & other pertinent docs
5. Publication of notice of filing of application, date & place of hearing in OG and
in newspaper of general circulation
6. Service of notice contiguous owners, occupants & those who have interest in
property
7. Filing of answer or opposition to application
8. Hearing of case by RTC
9. Promulgation of judgment by court
10. ssuance of decree by RTC decision; nstruct land registration authority to
issue decree of confirmation & registration
11. Entry of decree of registration in Land Titles Administration
12. Send copy of decree to Register of Deeds
13. Transcription of decree of registration in registration book & issuance of the
owner's duplicate original certificate of title of the applicant by the Land
registration Authority - upon payment of prescribed fees
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MEMORY AID
CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS
WHO MAY APPLY:
1. Those in open, continuous, exclusive, notorious possession of patrimonial
property of state under bona fide claim of ownership since June 12, 1945 or
earlier
2. Those who acquired ownership of private land by prescription
3. Those who acquired ownership of private lands by right of accretion
4. Those who acquired ownership in any manner provided for by law
LIMITATION TO OWNERSHIP OF LAND BY CORPORATION:
1. PRVATE LANDS
a. At least 60% Filipino to acquire private land
b. Restricted as to extent reasonably necessary to enable it to carry out
purpose which it was created
c. f engaged in agricultural restricted to 1,024 ha.
2. PATRMONAL PROPERTY OF STATE
a. Lease for 25 years renewable
b. Limited to 1,000 ha.
c. Apply to both Filipinos & foreign cos.
FORM & CONTENTS OF APPLICATION
1. n writing & signed by applicant or person duly authorized
2. Description of land
3. Citizenship
4. Civil status
5. Full names & address of occupants & adjoining owners
WHAT TO ACCOMPANY APPLICATION:
1. Tracing cloth plan duly approved by the Director of Lands
2. 3 copies of technical descriptions
3. 3 copies of surveyor's certificate
4. All original muniments of title
5. 4 copies of certificate by city/provincial treasurer of assessed value of land
AMENDMENTS ALLOWED & NOT ALLOWED
1. Substantial change in boundaries or increase in area - new technical description
necessary need new publication & notice
2. Substitution of name of new owner file motion with court
3. Decrease the area file motion in court
MUNIMENT OF TITLE instruments or written evidences which applicant hold or posses to
enable him to substantiate & prove title to his estate
TRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE:
1. Record instrument in Register of Deeds in same manner as if no application
was made
2. Present instrument to RTC, motion praying that same be considered in relation
to the pending application
TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE:
Register directly with REGSTER OF DEEDS for purpose of canceling such title
& issuing a TCT
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MEMORY AID
CHAPTER 4: PUBLICATION, ANSWER & DEFAULT
NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF MUNICIPALITY 14 days before hearing
HEARING within 7 days after publication in OG
25 90 days from date of order
TO WHOM NOTICE MUST BE SENT:
1. City/municipal mayor & provincial governor
2. Department of Agrarian Reform, Solicitor General & Director of Lands , Director
of Fisheries, Director of Mines
3. Adjoining owners & those who have rights or interest thereto
REQUISITES OF OPPOSITION:
1. Set forth objections to the application
2. State interest claimed by oppositor
GENERAL DEFAULT
f no person appears and answers within time prescribed
SPECIAL DEFAULT
Party appears at initial hearing without having filed an answer and ask court for
time to file answer but failed to do so within period allowed
CHAPTER 5: HEARING & DECREE
WHO CONDUCTS HEARING:
1. RTC
2. Refer to referee commissioner
PROCEEDINGS FOR ORDINARY REGISTRATION (LAND REGISTRATION ACT) /PROCEEDING FOR JUDICIAL
CONFIRMATION OF IMPERFECT TITLE UNDER THE PUBLIC LAND ACT
There exist a title to be confirmed
Land applied for belongs to the state
Court may dismiss without prejudice to file new application
Dismiss with prejudice
Risk to have application denied without losing land
Risk involves loss of land
CHAPTER 6: JUDGMENT & DECREE
DECREE issued by land registration authority containing technical description of land;
issued after finality of judgment
1. Decrees dismissing application
2. Decrees of confirmation and registration
Final after 1 year after decree
Unless there in innocent purchaser for value
Subject only to appeal
Once final, cannot be subject to attack, deemed conclusive against the
world
3. Put end to litigation
4. Purpose of Torrens system is protected
Amendment after 1 year is allowed creation or extinguishment of new
rights; inclusion of new owners not allowed
JUDGMENT decision of court constituting its opinion after taking into consideration the
evidence submitted
WRIT OF POSSESSION order to sheriff to deliver the land to the successful party litigant; no
prescription
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MEMORY AID
1. Against loser
2. Against anyone unlawfully & adversely occupying
WHEN WRIT MAY NOT ISSUE:
Person entered into property after decree- non claimant; had been there for 10
years
MEANS TO RECOVER POSSESSION:
1. Forcible entry
2. Unlawful detainer
3. Accion publiciana
4. Accion reindivicatoria
RES JUDICATA:
1. Former judgment must be final
2. Rendered by court having jurisdiction over subject matter & parties
3. Judgment on merits
4. dentity of parties, subject matter and causes of action
REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS:
1. MOTON FOR NEW TRAL - must be brought within 15 days from notice of
judgment
a. Fraud, accident, mistake, excusable negligence which ordinary prudence
could not have guarded
b. Newly discovered evidence which could not be discovered & produced at
trial
c. Evidence insufficient to justify decision, decision is against the law
2. APPEAL must be brought 15 days from notice of judgment
3. REVEW OF DECREE OF REGSTRATON available to party deprived of day
in court; became non-party due to misrepresentation; invoke actual fraud;
before expiration of 1 year; specific acts intended to deceive; will no longer
prosper if already transferred to innocent purchaser for value
a. Plaintiff is owner of land registered in name of defendant
b. Registration procured through actual fraud
c. Property has not issued to innocent purchaser for value
d. Action is filed within 1 year after issuance of decree of registration
4. RELEF FROM JUDGMENT 60 days 6 months after entry of order; available
to party to case, FAME; after judgment; person deprived of right is party to case
5. RECONVEYANCE action in personam; available so long as property not
passed yet to innocent purchaser for value; bad faith or with notice of defect
6. RECOVERY FOR DAMAGES
a. Person is wrongfully deprived of his land by registration in name of
another actual or constructive fraud
b. No negligence on his part
c. Barred/ precluded from bringing an action
d. Action for compensation has not prescribed
CHAPTER 7: CERTIFICATE OF TITLE
TORRENS TITLE certificate of ownership issued under the Torrens System of registration
by the government through road naming & declaring owner in fee simple of property
described therein free from all liens except those expressly noted
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MEMORY AID
PROCESS:
1. Within 15 days from finality of order of judgment directing registration of title
court to order Land registration Admin to issue decree of registration and
certificate of title
2. Clerk of court will send order of court & copies of judgment
3. Administrator to issue decree of registration & original & duplicate of OCT
signed by Administrator, entered & file decree of registration in LRA
4. Send to Register of Deeds original & duplicate of title & certificate for entry in
his registration book
5. Enter in record book, dated, signed, numbered & sealed take effect upon date
of entry
6. Register of Deeds to send notice to registered owner ready for delivery after
payment of fees
7. Register of Deeds shall send duplicate & note on each certificate of title to
whom it is issued
8. Original copy to be filed in Register of Deeds; bound in consecutive order
ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF TITLES:
1. Splitting or consolidation ordinary Register of Deeds level, no court involved
2. Subdivision plan approval of NHA, final approval of LRA, then Register of
Deeds to issue memorandum that streets not to be disposed except by way of
donation to govt. shall be effected without approval of NHA
ANNOTATIONS AT BACK OF CERTIFICATE need court order; otherwise null & void
CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND
OPERATIVE ACT registration by owner; deed not registered binding only between
parties
PROCESS OF REGISTRATION:
1. File instrument creating or transferring interest and certificate of title with
Register of Deeds
a. Owner's duplicate
b. Payment of fees & documentary stamp tax
c. Evidence of full payment of real estate tax
d. Document of transfer 1 copy additional for city/provincial assessor
2. Register of Deeds shall make a memorandum on the certificate of title, signed
by him
3. ssue TCT
VOLUNTARY DEALINGS
Need to present title to record the deed in registry & to make memorandum on
title
INVOLUNTARY DEALINGS
No presentation required; sufficient that annotation in entry book is sufficient
FORMAL REQUISITES OF A DEED
1. Full name
2. Nationality
3. Place of residence
4. Postal address of grantee or other persons acquiring or claiming interest
5. Civil status
6. Whether or not corporation
1. Register of Deeds to keep an entry book day book
2. Enter in order of reception all deeds & voluntary instruments, write &
processes re land -Year, month, day, time, minute of reception of instrument;
Registered from time of entry
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MEMORY AID
3. Fees of 5 bucks per document to be paid within 15 days
4. Note memorandum & sign & issuance of certificate
5. Documents are numbered & indexed & indorsed with reference to certificate
of title public records
6. Subject to reasonable regulation
Cost borne by vendor
CHAPTER 9: REAL ESTATE MORTGAGE
REAL ESTATE MORTGAGE real property/real rights secures fulfillment of an obligation
KINDS:
1. Conventional agreed upon by parties
2. Legal Created by operation of law
3. Judicial results from a judgment
4. Equitable pacto de retro in form but mortgage in essence
ESSENTIAL REQUISITES:
1. Constituted to secure fulfillment of principal obligation
2. Mortgagor be absolute owner of thing mortgaged
3. Person constituting mortgage has free disposal of property
SPECIAL CHARACTERISTICS:
1. Subject matter is realty
2. Real right attaches to property wherever it is & whoever holds it
3. Accessory presupposes existence of valid principal obligation; cannot stand
alone
4. ndivisibility even if debt is divisible; mortgage is not
5. nseparability mortgage lien is inseparable from property
6. Retention of possession - mortgagor retains possession
PACTO DE RETRO - EQUITABLE MORTGAGE
1. Price of sale with right to repurchase is usually inadequate
2. Vendor remains in possession as lessee or otherwise
3. Upon or after expiration of right to repurchase, another instrument extending
period /granting new period is executed
4. Purchaser retains a part of the purchase price
5. Vendor binds himself to pay taxes on thing sold
6. Real intention of parties is that transaction shall secure payment of debt or
fulfillment of other obligation
Real Mortgage Chattel Mortgage
Subject matter is real property Subject matter is movable
Public document only May be in private document provided there
is affidavit of good faith
Right of redemption for 1 year No right of redemption
Deficiency can be recovered Deficiency cannot be recovered
EXECUTION & REGISTRATION
1. Execution of deed in a form sufficient in law (public instrument)
2. Registration with Register of Deeds where the land lies & take effect upon
registration
a. Present deed of mortgage together with owner's duplicate
b. Payment of fees
c. Register of Deeds shall enter upon original certificate of title & upon
duplicate a memorandum date, time of filing, signature, file number
assigned to deed
d. Register of Deeds to note on deed the date & time of filing & reference
to volume & page of registration book in which it was registered
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MEMORY AID
3. No duplicate need be issued
SUBJECT MATTER
Real property plus all its accessions unless contrary is stipulated
Future property without legal effect
Future improvements deemed included
Fruits & rents of mortgaged property deemed included
Continuing credit secured by mortgage valid
FORMS:
1. Private document void & inexistent
2. Public instrument but not recorded binding between parties but not 3
rd
persons
without notice
3. Public document & registered valid & binding to 3
rd
parties
MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE: Yes
f being withheld by the owner, Register of Deeds notifies by mail within 24
hours to registered owner:
1. Stating that mortgage has been registered
2. Requesting that owner's duplicate be produced so that memorandum be
made thereof
Owner refuses to comply within reasonable time; Register of Deeds to notify
court & court may enter order requiring owner to produce certificate
SUBSEQUENT DEALINGS IN MORTGAGED PROPERTY
1. May be further alienated stipulation to contrary is void
Assignment must also be registered since registration is operative act to
affect land
f not recorded valid as to parties but not to 3
rd
parties, right not
protected against somebody who registers & procures better right
2. May be further mortgaged stipulation to contrary is void
No need to secure permission of mortgagee
Understood unless prohibited in contract
3. Pactum commisorium not allowed
a. Property is mortgaged
b. There is stipulation for automatic appropriation
4. Discharge
Execute public document canceling or releasing mortgaged in form
prescribed by law
Present instrument with Register of Deeds where land lies together with
owner's duplicate for registration
Memorandum of cancellation is annotated on duplicate & original
WHEN MORTGAGOR DIES
1. Abandon security & prosecute his claim by sharing in general distribution of
assets of the estate
2. Foreclose mortgage by making executor party defendant
3. Foreclose it in due time
PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to
mortgagee
ACTION TO FORECLOSE: Prescribes in 10 years (written contract)
VENUE: Per stipulation or in absence thereof, where the property lies
FORECLOSURE
1. JUDCAL
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MEMORY AID
a. Mortgagee to petition in court for foreclosure
b. Court to render order for debtor to pay sum due within 90 days and if not
paid from date of service, property be sold at public auction
c. Notice & Publication
d. Public auction: sale to highest bidder
e. Sheriff to issue certificate confirming judicial foreclosure
f. File with Register of Deeds final decree of court confirming sale
g. Memo entered in certificate of title
h. f right of redemption exist, certificate of title of mortgagor not to be
cancelled but memorandum shall be entered upon the certificate
duplicate & original
i. After expiry of 1 year redemption period & no redemption, title is
consolidated to new owner
j. Purchaser to be entitled to new certificate of title & memorandum
endorsed on mortgage deed
k. f there is redemption, memorandum to be annotated on certificate of
title
2. EXTRA-JUDCAL
Allowed only if stipulation between party authorizes extra-judicial
foreclosure
Cannot be made legally outside of city where land lies
Publication required: post notices for 20 days in 3 public places where
property lies & if property is more than P400.00, publication must be for
3 consecutive weeks in news paper of general circulation
f foreclosure by rural banks, exempt from publication in newspaper for
loans not exceeding 3,000.00
Registration of sale in Register of Deeds:
a. Deed of sale must be supported by certificate of sheriff that said
sale was conducted accordingly stating the date, time, place of
sale, names of creditor & debtor, description of property, name of
highest bidder, selling price
b. Present in Register of Deeds where land lies
c. Memorandum on back of certificate is made
d. After expiration of 1 year of redemption period title is
consolidated if no redemption exercised: purchaser to file with
Register of Deeds the deed of sale & sworn statement attesting
to fact that there is no redemption
e. New certificate of title issued in favor of vendee
f. f redeemed notice of redemption shall be registered &
accomplished by way of memorandum on proper certificate of
title
RIGHT OF REDEMPTION
Payment of purchase price plus 1% per month plus taxes if paid by purchaser
To be exercised within 1 year after registration of sale
RIGHT TO DEFICIENCY allowed
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MEMORY AID
CHAPTER 10: CHATTEL MORTGAGE
CHATTEL MORTGAGED personal property is registered with Register of Deeds to secure
performance of an obligation
SUBJECT MATTER: movables
DEED OF MORTGAGE:
Requires only description to enable parties & other persons to identify the
subject matter
REGISTRATION OF CHATTEL MORTGAGE
1. Execution of document
2. Payment of fees
3. Register of Deeds enters in DAY BOOK in strict order of their presentation
chattel mortgages & other instruments relating thereto (primary process)
4. Register of Deeds thereafter enters in a more detailed form the essential
contents of the instrument in the Chattel Mortgage Register (complementary
process)
EFFECT OF REGISTRATION:
1. Creates a lien attaches to the property whoever holds it; binding on
subsequent purchasers
2. Constructive notice
SALE OF CHATTEL WITHOUT CONSENT OF MORTGAGEE void; criminal act
EFFECT OF FAILURE TO REGISTER:
Valid between parties but void against 3
rd
persons
f instead of registration, it is delivered it shall be a pledge & not chattel
mortgage (if no chattel mortgage deed executed)
Actual knowledge is same effect as registration
AFFIDAVIT OF GOOD FAITH: STATEMENT THAT -
1. Mortgaged is made to secure obligation specified
2. Valid & just obligation
3. Not entered into for purpose of fraud
EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH:
Vitiates mortgage as against creditors & subsequent encumbrances
Valid as between parties
No need to be in public document
ASSIGNMENT OF MORTGAGE
No need to be registered, permissive only & not mandatory
CANCELLATION OF CHATTEL MORTGAGE
Mortgagee to execute a discharge of the mortgage in manner provided by law
FORECLOSURE OF MORTGAGE
The must first be non-payment & at least 30 days have elapsed since then
Alternatives:
1. Judicial
2. Extra-judicial only if there is stipulation/authority
PROCEDURE IN FORECLOSURE
1. Notice posted for 10 days in at least 2 public places in municipality where
property is to be sold designating the time, place and purpose of sale
2. Mortgagor is notified in writing at least 10 days before sale
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MEMORY AID
3. Public auction
4. 30 days after sale, officer makes a return & file with Register of Deeds where
mortgage has been recorded
5. Officer's return operates as a discharge of the lien created by the mortgage
6. Proceeds to be applied:
a. Cost of sale
b. Amount of obligation
c. Subsequent mortgages
d. Balance mortgagor
RECOVERY OF DEFICIENCY: Allowed
CHAPTER 11: LEASE
LEASE one of parties deliver possession of property to another who is obliged to pay
rent for use of such property
REGISTRATION OF LEASE
1. File with Register of Deeds the instrument creating lease together with Owner's
Duplicate of certificate of title
2. Register of Deeds to register by way of memorandum upon certificate of title
3. No new certificate shall be issued
WHEN PROHIBITION IN MORTGAGED PROPERTY AS REGARDS SUBSEQUENT CONVEYANCES, ETC.:
Leasehold cannot be registered in the title thereof
1. Creates a real right but without prejudice to rights of 3
rd
persons
2. f not registered valid as between parties but not to 3
rd
persons without notice
REGISTRATION lessor not required to initiate; lessee shall initiate
ALIENS:
1. May be granted temporary rights for residential purposes
2. Limit: 25 years, renewable for another 25 years
WHO ELSE MAY REGISTER: Builder in Good Faith
CHAPTER 12: TRUSTS & POWERS OF ATTORNEY
TRUST obligation of a person to whom legal title to property is transferred to hold the
property according to confidence reposed in him
2 KINDS:
1. Expressed need to be in writing; cannot be proved by parole evidence
2. mplied exist by operation of law; can be proved by parole evidence
a. Property is bought but paid by another party
b. Donation is made but donee have no beneficial interest thereon
c. Price of sale of property is loaned & conveyance is made to lender to
secure fulfillment of loan
d. Land passes by succession to a person but legal title is put in another's
name
e. 2 persons purchase property but placed only in one's name
f. Guardian uses funds of ward to buy property
g. Property is acquired thru mistake or fraud
POWER OF ATTORNEY authority granted to a person to dispose one's property
TRUST DIFFERENTIATED FROM POWER OF ATTORNEY
1. Trust has 3 parties while power of attorney has 2 parties
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MEMORY AID
2. Trust is for benefit of 3
rd
party while power of attorney is for benefit of principal
REGISTRATION OF TRUST
1. Sworn statement claiming interest by reason of an implied trust with description
of land & reference to number of certificate shall be registered in Register of
Deeds
2. Provided not prohibited to do so by instrument creating the trust
APPOINTMENT OF TRUSTEE BY COURT
Certified copy of decree shall be presented to Register of Deeds & surrender
duplicate certificate
Cancel duplicate & new certificate shall be entered by Register of Deeds
ACTION FOR RECONVEYANCE BASED ON IMPLIED TRUST
Prescribes in 10 years
f acknowledged in written form becomes express trust prescribes upon
repudiation
CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND
INVOLUNTARY DEALINGS transactions affecting land in which cooperation of registered
owner is not needed: it may even be against his will
ATTACHMENT
A writ issued at the institution or during progress of an action commanding the
sheriff to attach the property, rights, credits or effects of the defendant to satisfy
demands of the plaintiff
Kinds:
a. Preliminary
b. Garnishment
c. Levy on execution
REGISTRATION OF ATTACHMENT/OTHER LIENS
1. Copy of writ in order to preserve any lien, right or attachment upon registered
land may be filed with Register of Deeds where land lies, containing number of
certificate of title of land to be affected or description of land
2. Register of Deeds to index attachment in names of both plaintiff & defendant or
name of person whom property is held or in whose name stands in the records
3. f duplicate of certificate of title is not presented:
a. Register of Deeds shall within 36 hours send notice to registered owner
by mail stating that there has been registration & requesting him to
produce duplicate so that memorandum be made
b. f owner neglects or refuses Register of Deeds shall report matter to
court
c. Court after notice shall enter an order to owner to surrender certificate at
time & place to be named therein
4. Although notice of attachment is not noted in duplicate, notation in book of entry
of Register of Deeds produces effect of registration already
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MEMORY AID
EFFECT OF REGISTRATION OF ATTACHMENT:
1. Creates real right
2. Has priority over execution sale
3. But between 2 attachments one that is earlier in registration is preferred
4. f not registered actual knowledge is same as registration
DUTY OF REGISTER OF DEEDS
Basically ministerial but may refuse registration in ff circumstances:
1. Title to land is not in the name of defendant
2. No evidence is submitted to show that he has present or possible future
interest in land
3. Unless: heir
PROPERTIES EXEMPT FROM EXECUTION: Family Home
ATTACHMENT How continued, reduced or discharged
Any method sufficient in law
Document to be registered
1. EXECUTON SALE
To enforce a lien of any description on registered land, any execution or
affidavit to enforce such lien shall be filed with Register of Deeds where
land lies
Register in registration book & memorandum upon proper certificate of
title as adverse claim or as an encumbrance
To determine preferential rights between 2 liens: priority of registration of
attachment
2. TAX SALE
Sale of land for collection of delinquent taxes and penalties due the
government
n personam (all persons interested shall be notified so that they are
given opportunity to be heard)
Notice to be given to delinquent tax payer at last known address
Publication of notice must also be made in English, Spanish & local
dialect & posted in a public & conspicuous place in place wherein
property is situated & at main entrance of provincial building
Sale cannot affect rights of other lien holders unless given right to
defend their rights: due process must be strictly observed
Tax lien superior to attachment
No need to register tax lien because it is automatically registered once
the tax accrues
But sale of registered land to foreclose a tax lien need to be registered
PROCEDURE OF REGISTRATION OF TAX SALE:
1. Officer's return shall be submitted to Register of Deeds together with duplicate
title
2. Register in registration book
3. Memorandum shall be entered in certificate as an adverse claim or
encumbrance
4. After period of redemption has expired & no redemption (2 years from
registration of auction sale) cancellation of title & issuance of new one
5. Before cancellation, notice shall be sent to registered owner: to surrender title &
show cause why it shall not be cancelled
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MEMORY AID
ACTUAL KNOWLEDGE IS EQUIVALENT TO REGISTRATION
ADVERSE CLAIM
1. Make a statement in writing setting forth alleged interest, from whom acquired,
how acquired, no of certificate of land, name of registered owner, description of
land in which right/interest is claimed signed & sworn to
2. Statement shall be entitled to registration as adverse claim on certificate of title
3. Effective for 30 days from date of registration
4. After 30 days, may be cancelled by filing of verified petition by party in interest
Any party may petition in court to cancel adverse claim
Court to grant speedy hearing
f adverse claim is adjudged invalid may be cancelled
5. No 2
nd
adverse claim based on same ground shall be registered by same
claimant
CHAPTER 14: REGISTRATION OF LIS PENDENS
PURPOSE: keep subject matter within the power of the court until the entry of final
judgment
Therefore creates merely a contingency & not a liens
1. mpossibility of alienating the property in dispute during the pendency of the suit
may be alienated but purchaser is subject to final outcome of pending suit
2. Register of Deeds duty bound to carry over notice of lis pendens on all new
titles to be issued
CANCELLATION OF LIS PENDENS:
1. Before final judgment court may order cancellation after showing that notice
sonly for purpose of molesting an adverse party or it is not necessary to protect
rights of party who caused it to be registered
2. Register of Deeds may also cancel by verified petition of party who caused such
registration
3. Deemed cancelled when certificate of clerk of court stating manner of disposal
of proceeding is registered
NOTICE OF LIS PENDENS IS AN INVOLUNTARY TRANSACTION
Sufficient that there is entry in day book
OTHER PARTIES WHO NEED TO REGISTER:
1. ASSGNEE N NVOLUNTARY PROCEEDNG FOR NSOLVENCY
Duty of the officer serving notice to file copy of notice to Register of
Deeds where the property of debtor lies
Assignee elected or appointed by court shall be entitled to entry of new
certificate of registered land upon presentment of copy of assignment
with bankrupt's certificate of title (duplicate)
New certificate shall not that it is entered to him as assignee or trustee in
insolvency proceedings
JUDGMENT/ORDER VACATING INSOLVENCY PROCEEDINGS
Order shall also be registered
Surrender title issued in name of assignee & debtor shall be entitled to
entry of new certificate
2. GOVERNMENT N EMNENT DOMAN
Copy of judgment file in Register of Deeds which states description of
property, certificate number, interest expropriated, nature of public use
Memorandum shall be made or new certificate of title shall be issued
15
MEMORY AID
CHAPTER 15: TRANSMISSION BY DESCENT AND DEVISE
WHEN OWNER OF PROPERTY DIES testate or intestate,
Administrator shall file with Register of Deeds registration of property in his
name to be vested with ownership as trustee so he can sell, etc, convey, etc
Not necessary if already empowered in the will
WHEN JUDICIAL PROCEEDING NOT NECESSARY
Heirs may partition estate immediately & no need to be burdened with
cost/expenses of an administrator
1. n absence of debts
2. Heirs are all of legal age
PARTITION/SETTLEMENT OF ESTATE
1. JUDCAL
After entry of final judgment of partition, copy certified by clerk of court to
be filed with Register of Deeds
Each owner to gave separate certificate of title (duplicate)
f ordered to be sold, purchaser shall be entitled to a certificate of title
entered in his name upon presentment of order confirming sale
2. EXTRAJUDCAL
a. Decedent died intestate
b. No debts
c. Heirs are all of legal age, or minors represented by guardian
Heirs to execute public instrument to be filed with Register of
Deeds
f disagree with each other, file in court ordinary action for
partition
f there is only 1 heir, may adjudicate to himself entire estate via
affidavit to be filed with Register of Deeds
f there is movables involved, bond to be filed equivalent to value
of property as certified under oath by parties conditioned upon
payment if any just claim which may be filed by creditor within 2
years after distribution
Publication in newspaper of general circulation for 3 weeks; not
binding to those without notice
Final after 2 years
ORAL PARTITION, WHEN DEEMED VALID
n provinces when person dies leaving property not covered by Torrens system
to avoid legal expenses, heirs make a list of property, pay off debts & assign
to each
Statute of frauds do not operate because it is not a conveyance but a
separation of property and designation of part which belongs to them
WILLS AND LETTERS OF ADMINISTRATION
Executor required to file with Register of Deeds a certified copy of his letters of
administration or the will if there is a will in order that Register of Deeds may
register upon certificate a memorandum with reference to file no & date of filing
COURT AUTHORITY NEEDED IN ORDER TO SELL
1. May be dispensed with if will empowers him sell
2. Without authority first secured, heir may sell subject to result of pending
administration
16
MEMORY AID
CHAPTER 16: ASSURANCE FUND
State creates a fund for the compensation of persons injured by
divesting/cutting off of rights due to the indefensibility of title; following that act
of registration is operative act by which State transfers title; created to relieve
innocent persons from harshness of doctrine that certificate of title is conclusive
evidence of an indefeasible title to land.
Upon entry of certificate in name of owner or TCT, of 1% shall be paid to
Register of Deeds based on assessed value of land as contribution to
assurance fund; if no assessment yet, sworn declaration of 2 disinterested
persons subject to determination by court.
Money shall be under custody of the National treasurer; invest it until P+
aggregates to 500,000, excess shall be paid to the Assurance Fund; annual
report of Treasurer to Secretary of Budget
WHO IS ENTITLED:
1. Claimant must
be owner,
purchaser or
encumbrancer
in good faith
who suffered
actual
damage by
loss of land; in
short he is
deprived of
his land or
interest
therein
2. No negligence
attributable to
him
3. Claimant is
barred from
filing action to
recover said
land
4. Action to
recover from
assurance
fund has not
prescribed
LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING REASONS:
1. Breach of trust
2. Mistake in resurvey resulting in expansion of area in certificate of title
LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS:
1. Omission,
mistake,
misfeasance
of Register of
Deeds or clerk
of court
2. Registration
of 3
rd
persons
as owner
17
MEMORY AID
3. Mistake,
omission,
misdescription
in certificate
of title,
duplicate or
entry in books
4. Cancellation
AGAINST WHOM ACTION IS FILED:
1. Action due to deprivation of land due to mistake, negligence, omission of
Register of Deeds, etc Register of Deeds and National Treasurer as
defendants; Sol-Gen must appear
2. Private persons involved should also be impleaded
LIABILITY:
1. Satisfy claims from private persons first
2. When unsatisfied secondary liable is the National Treasurer who shall pay
thru assurance fund; thereafter Government shall be subrogated to rights of
plaintiff to go against other parties or securities
MEASURE OF DAMAGES:
Based on amount not greater than fair market value of land
Amount to be recovered not limited to 500,000 which is maintained as standing
fund
f fund is not sufficient, National Treasurer is authorized to make up for
deficiency from other funds available to Treasury even if not appropriated
WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE FUND:
1. Any court of competent jurisdiction RTC in city where property lies or resident
of plaintiff
2. Action prescribes in 6 years from time plaintiff actually suffered loss
3. f plaintiff is minor, insane or imprisoned has additional 2 years after disability
is removed to file action notwithstanding expiration of regular period
CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION
1. LOST DUPLCATE CERTFCATE
Sworn statement that certificate is lost to be filed by person in interest
with Register of Deeds
Petition to court for issuance of new title
After notice and hearing court to order issuance of new title with
memorandum that it is issued in place of lost certificate (duplicate)
f false statement: complex crime of estafa thru falsification of public
document
2. ADVERSE CLAM N REGSTERED LAND
Whoever claims a better right or interest in a land adverse to the
registered owner shall make written statement alleging his right, how and
when acquired with description of land
Statement to be signed and sworn to
Entitled to registration as adverse claim noted on certificate of title
f there is petition speedy hearing, determine validity of adverse claim
May be cancelled without court order; effective only for 30 days
After cancellation, no adverse claim on same ground may be registered
by same claimant
1. Adverse to registered owner
2. Arises after original registration
3. Cannot be registered under provisions of land registration act
18
MEMORY AID
To be made on original certificate, to the duplicate is not necessary
because no access
Contracts of lease, contract to sell but prescription and money claims are
not allowed
Purpose: measure designed to protect the interest of a person over a
property where registration is not provided for by the land registration
act; serve as notice and warning to persons subsequently dealing on
said land
Different with lis pendens: permanent; can only be removed after hearing
is done but adverse claim is only for 30 days: lis pendens notice that
property is in litigation; adverse claim; somebody is claiming better right
Recent ruling: adverse claim can only be removed upon court order
3. PETTON SEEKNG SURRENDER OF DUPLCATE TTLE
n voluntary and involuntary conveyances when duplicate cannot be
produced, petition in court may be filed to compel surrender of certificate
of title duplicate to Register of Deeds
After hearing, may order issuance of new certificate and annul the old
certificate; new certificate shall contain annotation re annulment of old
certificate
4. AMENDMENT AND ALTERATON OF CERTFCATE OF TTLE
A certificate of title cannot be altered, amended except in direct
proceeding in court; summary proceeding
Entries in registration books also not allowed to be altered except by
order of the court
Grounds:
1. New interest not appearing on the instrument have been created
2. nterest have terminated or ceased
3. Omission or error was made in entering certificate
4. Name of person on certificate has been changed
5. Registered owner has married
6. Marriage has terminated
7. Corporation which owner registered land has dissolved and has
not conveyed the property within 3 years after its dissolution
What corrections are permitted in title (which does not include lands
included in original; technical description as long as original decree of
registration will not be reopened and rights or interest of persons not
impaired; old survey was incorrect; substitution of name of registered
owner)
1. Alteration which do not impair rights and
2. Alteration which impair rights with consent of all parties
3. Alterations to correct obvious mistakes
5. RECONSTTUTON OF ORGNAL CERTFCATE OF TLE
As consequence of war records have been destroyed
When reconstituted have same validity as old title
Can only be done judicially by filing a petition for reconstitution with RTC
To be published in OG for 2 cons issues and on main entrance of
municipality at least 30 days before hearing
In rem proceedings
Court to order reconstitution if it deemed fit; issue order to Register of
Deeds
Lack of essential data fatal
6. TRANSACTON EVDENCED BY LOST DOCUMENT HOW REGSTERED
Register of Deeds forbidden to effect registration of lost or destroyed
documents
19
MEMORY AID
Steps by interested parties:
1. Procure authenticated copy of lost or destroyed instrument
2. Secure an order from court
CHAPTER 18: FEES, OFFENSES, PENALTIES
n connection with original and subsequent registration of lands payable to
Clerk of court, Register of Deeds, sheriff
Full payment of fees prerequisite to registration: at least the entry fee of 5.00,
rest of the fees due payable within next 15 days
OFFENSES:
1. Larceny
2. Perjury false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000 or
imprisonment of 5 years or both in discretion of court
4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in
discretion of court
a. Forging of seal in Register of Deeds, name, signature or handwriting of
any officer of court of Register of Deeds
b. Fraudulent stamping or assistance in stamping
c. Forging of handwriting, signature of persons authorized to sign
d. Use of any document which an impression of the seal of the Register of
Deeds is forged
5. Fraudulent sale: sale of mortgaged property under the misrepresentation that it
is not encumbered; deceitful disposition of property as free from encumbrance:
imprisonment of 3 years or fine not exceeding 2,00 or both at discretion of court
CHAPTER 19: REGISTRATION OF PUBLIC LANDS
PUBLIC LANDS all lands owned by the government
nalienable and alienable
nalienable public domain: timber and miner lands
Alienable/ Disposable - public agricultural land
PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE PERSON.
PROCEDURE:
1. Official issuing instrument of conveyance to issue instrument
2. File instrument with Register of Deeds
3. nstrument to be entered in books and owner's duplicate to be issued
4. nstrument only contract between Government and private person and does
not take effect as conveyance if unregistered, it is registration which is operative
act of conveying land; evidence of authority for Register of Deeds to register
5. Fees to be paid by grantee
6. After issuance of certificate of title, land is deemed registered land within the
purview of the Torrens system
NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE AND CONCLUSIVE
n absence of registration, title to public land is not perfected and therefore not
indefeasible
n case of 2 titles obtained on same date one procured thru decree of
registration is superior than patent issued by director of lands
2 titles procured by one person one from homestead patent, one from judicial
decree & sold to 2 diff persons, one who bought it for value and in good faith &
one who register first shall have preference
CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
Classification is exclusive prerogative of executive & not by judiciary
20
MEMORY AID
Anyone who applies for confirmation of imperfect title has burden of proof to
overcome the presumption that the land sought to be registered forms part of
public domain (Regalian doctrine)
UNDER THE CONSTITUTION:
1. Agricultural only one subject to alienation
2. Forest or timber
3. Mineral lands
4. National park
UNDER THE PUBLIC LAND ACT:
1. Alienable/disposable
a. Agricultural
b. Residential, commercial, industrial
c. Educational, charitable
d. Town sites and for public and quasi-public uses
2. Timber lands - inalienable
3. Mineral lands inalienable
f patent or title is issued void ab initio for lack of jurisdiction
Not subject to acquisitive prescription; even if in possession for long
time, will not ripen into ownership
Except: mineral lands and forest lands acquired before inauguration of
Commonwealth in November 15, 1935; vested rights which are protected
FISHPONDS
Before: included in definition of agriculture, conversion of agricultural land to fishponds
does not change character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may
be leased from government.
DIRECTOR OF LANDS
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other
than error of judgment; but not with regards to finding of law
Empowered to alienate and dispose lands
MODES OF ALIENATING PUBLIC LANDS:
1. Homestead settlement
2. Sale
3. Confirmation of imperfect or incomplete title
a. Judicial legalization
b. Administrative legalization
Lease not included since lease does not transfer ownership; free-title grant: free
distribution of public lands to encourage people to cultivate; government furnishes
the applicant with tolls plus cash allowance to enable him to cultivate
CONFIRMATION OF IMPERFECT TITLE:
1. Last extension granted by Government was until December 31, 1987
2. Right made available to person qualified to acquire alienable and disposable
public land thru open, continuous, exclusive, notorious (OCEN) possession
under bonafide claim of ownership since June 12, 1945.
a. Prior to transfer of sovereignty from Spain to US, have applied for
purchase but did not receive title, without default on their part provided
they have occupied since their application
b. n OCEN possession since June 12, 1945 or earlier
c. Members of cultural minorities in OCEN who has claim of ownership for
at least 30 years
21
MEMORY AID
MAX LAND THAT CAN BE APPLIED: 144 hectares
n case of foreigner, sufficient that he is already Filipino citizen at the time of his
application
Corporation who has less 60% Filipino ownership cannot apply confirmation of
imperfect title; can only lease
PERSONS COMPETENT TO QUESTION LAND GRANT
Persons who obtained title from State or thru persons who obtained title from
State
PATENT
WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW:
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds mandatory: operative act to convey &
transfer title
3. Actual physical possession, open & continuous
Land ceased to be part of public domain & now ownership vests to the
grantee
Any further grant by Government on same land is null & void
Upon registration, title is indefeasible
TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT
1. ndefeasible when registered, deemed incorporated with Torrens system; 1
year after issuance of patent
2. May not be opened one year after entry by Land Registration Authority;
otherwise, confusion, uncertainty & confusion on government system, of
distribution of public lands may arise & this must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year
because registration does not shield bad faith
Court in exercise of equity jurisdiction may direct reconveyance even
without ordering cancellation of title
AIM OF HOMESTEAD PATENT:
Benevolent intention of government to distribute disposable agricultural land to
destitute citizens for their home and cultivation
As a matter of public policy, may be repurchased even if after 5 years provided
not for profit
Right of repurchase not allowed if sold within family & not for cultivating or living
but for speculation purpose
RESTRICTIONS:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent
application
3. Subject to repurchase of heirs within 5 years after alienation when allowed
already
4. No corporation, partnership, association may acquire unless solely for
commercial, industrial, educational, religious or charitable purpose or right of
way subject to consent of grantee & approval of Secretary of Natural resources
EXCEPTIONS:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
ERRED HOMESTEADER NOT BARRED BY PARI DELICTO
Pari delicto rule does not apply in void contract
Violation of prohibition results in void contract
22
MEMORY AID
Action to recover does not prescribe
HOMESTEADER
f he dies, succeeded by heirs in the application
LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS (CULTURAL MINORITIES)
Conveyance is valid if able to read and can understand language where deed is
written
Otherwise, not valid unless approved by Commission on National ntegration
Safeguard is to protect them against fraud/deceit
CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS
PURPOSE:
Another means to bring lands under operation of Torrens System
Ordinary registration is slow for lack of initiative on part of landowners,
innovation was conceived to hasten and accelerate registration
Government initiates that all lands within a stated region are up for registration
whether or not owners are interested to settle their titles
NATURE OF PROCEEDINGS:
In rem
No defendant & no plaintiff
Compulsory
23
MEMORY AID
PROCEDURE:
1. CADASTRAL SURVEY
n opinion of Phil president pursuant to requirement of public interest,
title of land within a specified area needs to be settled and adjudicated
Order Director of Lands to make survey and plan
Director gives notice to persons claiming interest in lands & to gen public
of day of survey published in OG and posted in conspicuous place on
lands to be surveyed
Geodetic engineers commences survey
During survey, boundaries are marked by monuments
2. FLNG OF PETTON
After survey and plot been made, Director represented by Sol Gen
institutes cadastral proceeding by filing petition in court against holders,
claimants, possessors, occupants
Parcel of lots given their cadastral numbers
3. PUBLCATON OF NOTCE OF HEARNG
Court to order date of hearing
LRA to notify public by publishing notice 1x in OG and 1x in newspaper
of general circulation & copy mailed to person whose address is known
& other copies posted in conspicuous place designated bylaw
4. FLNG OF ANSWER
Any person claiming interest in any part of lands subject to petition is
required to file answer
Answer must give the ff details:
a. Age of claimant
b. Cadastral number of lot claimed
c. Name of barrio or municipality where lot is located
d. Name of owners of adjoining lots
e. f in possession & without grant no of years in possession
f. f not in possession state interest claimed
g. f assessed of taxation assessed value
h. Any encumbrances affecting said lots
5. HEARNG OF CASE
n any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles if they could prove title
f none could prove title land is declared public domain
6. DECSON
Claimants are notified of decision
7. SSUANCE OF DECREE AND CERTFCATE OF TTLE
Upon order of court, LRA to enter decree of registration
Decree made basis for issuance of OCT
Decree are now being directly prepared and issued on regulation forms
of such certificate
NATURE OF TITLE COVERED BY 2 ACTS:
Title in good faith & for value
Errors in plan does not annul decree of registration
Cancellation & correction is permitted
LAND ALREADY REGISTERED
Jurisdiction is limited only to correction of technical errors
Court cannot issue decree on land already decreed
Revision of decree allowed when substantial rights are not impaired; what is
prohibited is registered land to be registered again in name of another
Jurisdiction subsist to all incidental matters
24
MEMORY AID
CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION
CADASTRAL ORDNARY
Party nitiating Government Private ndividual
Subject Matter Private and Public Private Lands
Ownership Government does not assert
ownership
nterested only in settlement of
titles
Ownership is Asserted
Survey Government undertakes survey
and advances expenses
On account of owner
As to risk n absence of successful
claimant, property goes to
government
Applicant has another chance to
claim is dismissal is without
prejudice
WHEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED
10 years up to Dec 31, 1968
Unable to file their claim even while in possession granted right to petition for
reopening of proceedings provided such were not alienated, leased or disposed
by government
CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY DIRECT SHERIFF TO DELIVER POSSESSION
Provisions of land registration act applicable to cadastral proceedings
CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS
System of registration for unregistered land under the Torrens System (ACT
3344)
Before: covers voluntary dealings, now includes involuntary dealings
Effect if prospective; binds 3
rd
persons after registration but yields to better
rights of 3
rd
person prior to registration (limited effect to 3
rd
parties)
Reason: no strict investigation involved
Subsequent dealings also valid if recorded
Register of Deeds keeps day book & a register; index system is also kept
Procedure:
1. Presentment of instrument dealing in unregistered land
2. f found in order registered
3. f found defective registration is refused writing his reason for refusal

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CI VI L LAW ( LAND TI TLES)

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