Ownership of Private Land (Land Titles and Deeds) - PDF

OWNERSHIP OF PRIVATE LAND AND EVIDENCE OF OWNERSHIP (LAND TITLES AND DEED)  Group 5 Daniel, Joshua C. Ticangen, Jafet Alvar, Frank Patrick Olante, Mark Chester Antonio, Romulo Jr. Belnas, Charzyll LAND TITLE ▪ is the evidence of the right of the owner or the extent of his inte...

OWNERSHIP OF PRIVATE LAND AND EVIDENCE OF OWNERSHIP (LAND TITLES AND DEED)  Group 5 Daniel, Joshua C. Ticangen, Jafet Alvar, Frank Patrick Olante, Mark Chester Antonio, Romulo Jr. Belnas, Charzyll LAND TITLE ▪ is the evidence of the right of the owner or the extent of his interest and by which means he can maintain control and as a rule, assert right to exclusive possession and enjoyment of the 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. This includes : Grantor Grantee Words of grant Description of property Signature of grantor Witnesses LAND REGISTRATION ▪ a judicial or administrative proceeding, whereby a person’s claim of ownership over a particular land is determined and confirmed or recognized, so that such land and the ownership thereof may be recorded in a public registry. LAND REGISTRATION. ▪ In its strictest acceptation, it is the entry made in the property registry, which records solemnly and permanently the right of ownership and other real rights (Cheng v Genato, G.R. No. 129760 SYSTEM OF REGISTRATION IN THE PHILIPPINES 1.System under the Spanish Mortgage Law 2. Torrens System 3. System of Recording for Unregistered Land (PEÑA, supra at p. 4) *you can insert a new slide for these pictures/drawings if you need to! NOTE: Lands granted under Spanish Mortgage Law, which are not yet covered by certificate of title under Torrens System are considered as unregistered lands (P.D. 1529, Sec. 3). LAWS IMPLEMENTING LAND REGISTRATION.1. Property Registration Decree (P.D. 1529, as amended); 2. Cadastral Act (Act 2259, as amended); 3. Public Land Act (C.A. 141, as amended); 4. Emancipation Patent or CARP of 1972 (P.D. 27); 5. Comprehensive Agrarian Reform Law of 1988 (R.A. 6657, as amended); and 6. Indigenous Peoples Rights Act or IPRA of 1997 (R.A. 8371). NOTE: P.D. 1529 amended and codified the laws to registration of property, in order to facilitate the effective implementation of said laws It supersedes all other laws related to registration of property. PURPOSE OF LAND REGISTRATION 1.To quiet title to land and to stop forever any question as to the legality of said title. 2. To serve as a constructive notice to all persons from the time of such registering, filing or entering of every conveyance, mortgage, lease, lien, attachment, order, judgment, instrument or entry affecting registered land. 3. To notify and protect the interests of strangers to a given transaction who may be ignorant thereof. PURPOSE OF LAND REGISTRATION 4. To enable every registered owner and every subsequent purchaser of registered land taking a certificate of value and in good faith to hold the same free from all encumbrances, except those registered. 5. To prevent fraudulent transactions. No voluntary instrument shall be registered by the Register of Deeds, unless the owner’s duplicate certificate is presented with such instrument. 6. To enable the Register of Deeds to Maintain a repository of all instruments affecting registered land. PURPOSE OF LAND REGISTRATION 7. To issue a certificate of title to the owner, which shall be the best evidence of his ownership of land described therein. 8. To guarantee the integrity of land titles and to protect their indefeasibility once the claim of ownership is established and recognized. NOTE: Registration does not vest title. It is a mode of acquiring ownership but is merely evidence of such title over a particular property. It does not give the holder any better right than what he actually has, especially if the registration was done in bad faith. The effect is that it is as if no registration was made at all. Registration does not give the registrant a better right than what he had prior to registration. Where a document so registered is invalid or legally defective, registration will not in any way render invalid or cure its defect. ORIGINAL REGISTRATION VS. SUBSEQUENT REGISTRATION ▪ Original R. - the right of ownership or title to land is for the first time made of public record under any of the existing systems of registration. ▪ Subsequent R. - any transaction covering an originally registered land is recorded in the Register of Deeds. EFFECTS OF REGISTRATION 1.Registration in the public registry is notice to the whole world. 2. The act of registration is the operative act to convey or affect the land insofar as third person are concerned; and 3. While registration operates as a notice of the deed, contract or instrument to others, it does not as to its validity nor converts an invalid instrument into a valid one; neither does it recognize a valid and subsisting interest in the land. BURDEN OF PROOF ▪ The burden of proof in land registration cases rests on the applicant who must show clear, positive and convincing evidence that his alleged possession and occupation were of the nature and duration required by law. Bare allegations, without more, do not amount to preponderant evidence that would shift the burden to the oppositor.  REGALIAN DOCTRINE (JURA REGALIA). ▪ SECTION 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production- sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the development of waterpower, beneficial use may be the measure and limit of the grant. (Sec. 2, Art 12, 1987 Constitution) REGALIAN DOCTRINE (JURA REGALIA) In essence, the Regalian doctrine espouses that lands not appearing to be clearly under private ownership are generally presumed (It means that unless someone can prove they own a piece of land through title or documentation, that land is assumed to be public or state- owned.) REGALIAN DOCTRINE DOES NOT NEGATE NEGATIVE TITLE. ▪ When as far back as testimony or memory goes, the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way before the Spanish conquest. TITLE ▪ The right of the owner or the extent of his interest and by means of which he can maintain control, and as a rule, assert his right to the exclusive possession and enjoyment of the property. CERTIFICATE OF TITLE ▪ Mere evidence of ownership. It is not a source of right but merely confirms or records a title already existing and vested. TITLE VS. CERTIFICATE OF TITLE ▪ Title - Constitutes a just cause of exclusive possession of which is the foundation ownership of property. ▪ Certificate of Title - mere evidence of ownership, not the title to the land itself.  OVERVIEW OF LAND TITLES IN THE PHILIPPINES Land titles in the Philippines have a rich historical background that dates back to pre-colonial times. Before Spanish colonization, the indigenous people had their land tenure system, with different forms of ownership and usage rights. However, when the Spanish arrived in the Philippines, they introduced a feudal land system (friar Land) and granted titles to the Spanish aristocracy and religious orders. This system continued until the American colonization in the early 20th century, where the U.S. government implemented a new land administration system based on the Torrens System. TODAY, THERE ARE DIFFERENT TYPES OF LAND TITLES IN THE PHILIPPINES, EACH WITH ITS UNIQUE FEATURES AND LEGAL STATUS. THE MOST COMMON TYPES OF LAND TITLES INCLUDE: Original Certificate of Title (OCT) - This type of title is issued by the Land Registration Authority (LRA) and is based on the Torrens System. OCT serves as a conclusive proof of ownership and is registered with the Registry of Deeds. DIFFERENT TYPES OF LAND TITLES IN THE PHILIPPINES, Transfer Certificate of Title (TCT) - This title is a derivative of OCT and is issued when a property is transferred or sold. TCT contains information about the property, such as the name of the owner, location, and area. DIFFERENT TYPES OF LAND TITLES IN THE PHILIPPINES, Condominium Certificate of Title (CCT) - This title applies to condominium units and is similar to TCT, except that it includes the specific unit number and common areas shared by the unit owners. MODES OF ACQUIRING LAND TITLES: Public Grant - by administrative process, the government transfers land to a private individual by the issuance of sales patent or special patent. No public land can be acquired by private persons without any grant, express or implied, from the government..  MODES OF ACQUIRING LAND TITLES: Reclamation - it is the method of filing submerged land by deliberate acts and reclaiming titles thereto. Under R.A. 1899, also known as An Act Authorizing The Reclamation of Foreshore Lands by Chartered Cities and Municipalities (June 22, 1957), the National government granted to all municipalities and chartered cities the authority to undertake and carry out at their own expense the reclamation by dredging, filling, or other means, of any foreshore lands bordering them. Any and all such land reclaimed will become property of the respective municipalities or chartered cities; but the new foreshore along the reclaimed areas shall continue to become property of the National Government. MODES OF ACQUIRING LAND TITLES: Acquisitive Prescription - must be in the concept of an owner (Civil Code, Art. 525). A person acquires land title by acquisitive prescription if has been in open, continuous, exclusive and notorious possession for a period prescribed by law. Ordinary Prescription - possession in good faith and with just title for ten (10) years. (Civil Code, Art. 1134) Extraordinary Prescription - adverse possession without need of title or good faith for thirty (30) years (Civil Code, Art. 1137) MODES OF ACQUIRING LAND TITLES: Accretion - To the owners of lands adjoining the banks of rivers belong the accretion which they gradually received from the effects of the current of the waters. MODES OF ACQUIRING LAND TITLES: Voluntary Transfer - The transfer is given by the voluntary execution of a deed of conveyance in certain prescribed form, completed by the recording or registration thereof because registration is the operative act that binds and affects third persons. Nonetheless, the contract is binding between parties, their heirs, assignees and successors in interest.  A deed of sale is a legal document that transfers ownership of an asset, such as property, from one party (the seller) to another (the buyer). It outlines the details of the sale, including the description of the property, the names of the buyer and seller, the agreed-upon purchase price, and any conditions or terms related to the sale. Once the deed is signed, it serves as proof that the sale has taken place and that the ownership has been transferred to the buyer. In real estate transactions, the deed of sale is a crucial document because it formalizes the change in ownership and ensures the buyer's legal claim to the property.  A deed of donation is a legal document that formalizes the voluntary transfer of ownership of an asset (such as real estate, money, or personal property) from one party (the donor) to another (the donee) without any payment or compensation. It specifies that the transfer is a gift, meaning it is done out of generosity rather than as part of a sale or trade. MODES OF ACQUIRING LAND TITLES: Descent or Devise i. By Descent - acquired by virtue of hereditary succession to the estate of a deceased owner. ii. ii. By Devise - succession need not be in favor of a relative.  MODES OF ACQUIRING LAND TITLES: Involuntary alienation is a term used in the real estate business that describes a type of title transfer. But not any kind of transfer, this is an involuntary loss of property and can occur through foreclosure, adverse possession, condemnation, bankruptcy, or death  INVOLUNTARY ALIENATION Escheat - This process is close to transfer by descent, once the owner dies without a will or heir, and the closest heirs can’t be determined, escheat takes place. The State then reverts the property to itself. Foreclosure The most common occurrence of involuntary alienation is when a bank evicts the residents because of unpaid loan balances. In other words, foreclosure is a circumstance where one loses their property due to unpaid debts. Eminent domain holds condemnation under its power, or the State can take ownership of a property from the original owner for public use. The State will pay the owner for the property but they are involuntarily alienated from it. Forfeiture occurs when the new owner of the property disobeys the deed or will by which they took the land into possession. This can occur when one uses the land for something the deed forbids or uses it outside the line of the deed.  MODES OF ACQUIRING LAND TITLES: Emancipation Patent or Grant- refers to a legal process in which ownership of land is granted to farmers, often as a result of legislation aimed at providing land to organizations of farmers. (program of Dept. of Agrarian Reform to Farmers / Certificate of Land Ownership(CLOA) 10 years, not transferable except by hereditary succession) There are also various legal concepts related to property ownership in the Philippines, such as co-ownership, usufruct, and easement. Co-ownership refers to two or more people owning a property together, with each having a proportionate share of the property. Usufruct, on the other hand, is a right given to a person to use and enjoy the property of another without owning it. Easement is a right granted to a person to use a specific portion of another person's property for a specific purpose, such as access to a road or water source. THANK YOU !!!