Fundamentals of Real Estate

Property that is permanently fixed to the land or a building; it cannot be moved without causing damage.

Property that is not permanently fixed to the land or a building; it can be moved without causing damage.

Property associated with land, including items permanently fixed to it.

Property that's not real property; includes tangible items and intangible rights that are not land.

Physical items you can touch and own.

Property that has value but no physical form. Examples include copyrights, patents, and trademarks.

Another term for personal property, often used in legal contexts.

Another name for personal property; tangible or intangible property not related to land.

The independent right of a person to enjoy, control, and dispose of property, subject to legal restrictions and rights of others.

A right, claim, or privilege a person has in relation to real estate or land.

The type of interest a person has in real property, like owning or possessing it.

A type of estate where the owner possesses the property indefinitely, can transfer ownership, and it can be inherited.

A type of estate where the owner occupies the property for a set period (lease) but does not own it.

The absolute right of ownership without limitations, subject to things like taxes and government restrictions.

A type of fee simple estate where the owner has absolute rights to the property forever, without conditions or restrictions.

A type of fee simple estate with specific conditions or restrictions that can lead to its termination if violated.

Land owned by the government, available for public use and services, or for wealth development; often alienable.

Land owned by the government, specifically for public use; typically not alienable.

Land owned by the government, but not for public use; may be privately owned and alienable.

Property that can be transferred, sold, or assigned to others.

Protected from being transferred, sold, or assigned to others; generally not for private ownership.

Property that already exists and is owned at the time of a transaction.

Property that does not yet exist or is not owned at the time of a transaction, but expected to come into existence or ownership in the future.

Present property exists and is owned now, allowing immediate transfer or sale. Future property doesn't exist or is not yet owned, requiring future realization or acquisition for ownership or transfer.

A mode of delivery where the seller continues possessing the property after selling it, but under a different title (e.g., lessee, pledgee).

Acquiring ownership without directly transferring the property when the buyer already possesses it.

Delivery that happens automatically by law, such as by registering a deed of transfer.

Acquiring ownership by continuous, uncontested possession for a specific time set by law.

Acquiring ownership through prescription when possessing in good faith (believing in legitimate claim) AND having a seemingly valid title (but may be flawed).

Traditio Constitutum Possessorium involves both constructive and actual delivery.

Traditio constitutum possessorium occurs when the seller continues using the property after the sale under a different title, while quasi-tradicion occurs when the buyer already possesses the property and ownership simply transfers.

Tradicion por Ministerio de la Ley happens automatically according to the law, unlike traditio constitutum possessorium, which involves the seller continuing to hold the property, and quasi-tradicion, which occurs when the property is already in the buyer's possession.

A transferee under Batas Pambansa Blg. 185 must provide a sworn statement detailing their birth information, family, landholdings in the Philippines, residency intention, citizenship status, and date of citizenship loss.

A natural-born Filipino who lost their citizenship can buy up to 5,000 square meters of urban land or 3 hectares of rural land in the Philippines.

A married couple, both former Filipinos, can each purchase the maximum land area, with a total limit of 5,000 square meters of urban land or 3 hectares of rural land.

Former Filipinos can buy more land if their existing urban and rural land holdings don't exceed the maximum individual limit.

A former Filipino can purchase up to two lots in different municipalities or cities, provided the total area doesn't exceed the maximum limit.

The maximum land acquisition for a former Filipino is different for urban and rural land, with a limit of 5,000 square meters for urban and 3 hectares for rural land.

Republic Act No. 8179 further liberalized foreign investments in the Philippines by allowing former Filipino citizens to purchase land for business or other purposes.

Foreign nationals with former Filipino citizenship can buy land in the Philippines for business or other purposes, following the maximum area limitations.

A type of ownership where you own your individual unit within a building, but share ownership of common areas (like hallways, elevators, etc.) with other unit owners.

A type of ownership where you don't own your unit directly but own shares in a cooperative corporation, which holds the property. Your shares give you the right to live in a specific unit.

Only Filipinos can own land in the Philippines. This includes Filipinos by birth, naturalized citizens, and those who acquired citizenship through an act of Congress or repatriation. Dual citizens and corporations with at least 60% Filipino ownership are also allowed.

There are exceptions to the general rule that only Filipinos can own land. These include foreigners who acquired land before the 1935 Constitution, those who inherited land, and foreign spouses inheriting property from their Filipino spouse.

Foreigners can purchase a maximum of 40% interest in a condominium project within the Philippines.

Former natural-born Filipino citizens can buy land in the Philippines, but with limitations outlined by law. They might need to apply for repatriation.

Former Filipino citizens can acquire land by voluntary deeds like sale or donation, as well as involuntary deeds like foreclosure or tax sales.

A Filipino who marries an alien (foreigner) can still acquire real estate in the Philippines. However, if the Filipina abandons her citizenship, she loses the right to own land.