Legal Procedures for Land Registration

Study Notes

Substantial changes in land boundaries require technical descriptions, area adjustments, and additional notices.
For joinder, substitution, or discontinuance, file a motion with the court for any parties involved.
A decrease in land area necessitates a court motion without the need for new publication or notice.

Judgement constitutes a court decision reflecting its opinion based on evidence.
Writ of Possession allows sheriff to grant possession of land as per the judgement.
Writ of Demolition orders removal of unauthorized improvements introduced by oppositors or successors.

Certificates of title are free from liens and encumbrances.
Registered land is incontrovertible and indefeasible, not subject to collateral attack.
Torrens Certificate is presumed valid and is not subject to prescription.

Cadastral surveys are compulsory government registration initiatives to resolve land titles.
The Director of Lands notifies individuals about survey dates to establish claim boundaries.
Only unregistered lands can be surveyed; conflicting claims are adjudicated in court.

Obligation refers to a juridical necessity and can be civil (enforceable) or natural (not enforceable).
Essential requisites of an obligation include active and passive subjects, an object or prestation, and the vinculum juris (legal bond).
A creditor has rights to demand performance and recover damages; a debtor has duties to perform and care for the object.

Void contracts carry no legal effect and include those illegal by nature, simulated, or impossible.
Unenforceable contracts cannot be acted upon without ratification due to defects, such as lack of authority or failure to comply with statutes.
Rescissible contracts are valid until rescinded due to economic injury to a party; rescission must occur within four years of awareness of the defect.
Voidable contracts may be annulled by those unable to give consent or where consent was improperly obtained.

Law recognizes modes of acquisition; tradition is a primary mode through physical delivery or other symbolic means.
Delivery involves real and constructive traditions, with examples including the symbolic transfer of keys or public instruments.

Land registration aims to quiet titles, relieve unknown claims, guarantee title integrity, and provide peace of mind to owners.
The Torrens system provides a judicial basis for land registration, with certificates enforceable against all.

The Land Registration Authority (LRA) oversees land registration laws under the Department of Justice (DOJ).
The LRA's functions include aiding land reform, assisting courts, and maintaining records of land titles.