A land title is significant for any property owner. The primary goals of land title registration are to protect property rights, facilitate land transactions, and allow land to be used as collateral for a loan.
In addition, a title incentivizes land investment and thus creates an impetus for long-term economic development. To accelerate title registration and economic growth, the process should be simple, dependable, timely, and affordable.
Importance of Land Registration in the Philippines
Once registered in the Registry of Deeds under the Torrens system, the land title, legally called the Transfer Certificate of Title, becomes evidence of an indefeasible and incontrovertible proof of land ownership to the person whose name the property is registered.
The Supreme Court stated in Abobon vs. Abobon (GR 155830, Aug. 15, 2012) that “a certificate of title serves as evidence of an indefeasible and incontrovertible title to the property in favor of the person whose name appears therein.”
The real purpose of the Torrens system of land registration is to quiet title to land and put an end to any question about the legality of the title. Anyone dealing with property registered under the Torrens system can rely on the title and does not need to go beyond the title.
Keep in mind that you must always request the land title when purchasing a property. The “Owner’s Duplicate Copy” issued by the Registry of Deeds where the property is located has the registered owner. When the property is already registered, the Registry of Deeds issued the Transfer Certificate Title (TCT) to the registered owner during the subsequent registration.
Nothing is more frustrating than going through the arduous process of purchasing a new home only to discover that the title isn’t clean or is a forgery. A shady title may have so many mortgages, liens, and encumbrances attached to it that you begin to consider that the hassle might not be worth it.
Fortunately, there are a few guidelines to follow to avoid facing a slew of problems when purchasing a new home. In general, the property can be obtained through a simple agreement. After deciding which property to purchase and inspecting the premises and documents, the buyer typically signs a legally binding notarized Deed of Sale.
Using the services of a reputable sales agent is beneficial because they provide essential information about the transaction and property and assist the buyer in obtaining mortgage loans. Still, here’s hoping these pointers make the transition to your own home a little easier.
- Examine the paper’s quality. The Banko Sentral ng Pilipinas is the sole printer of property title forms. The judicial form is printed on paper that has several security features.
The paper is made of 50% cotton and 50% chemical wood pulp, with colored fibers. An LRA or Land Registration Association watermark should be visible through the paper when held up to a light. Fake title forms are typically made of cartolina-like material or other low-quality paper.
- Examine the “Transfer Certificate of Title” document for authenticity. To ensure the title’s validity, the Register of Deeds should be able to provide you with a “Certified True Copy.”
In the case of single houses and raw land, ownership is evidenced by the Transfer Certificate of Title (TCT). The Land Registration Act requires property owners to register titles with the Registry of Deeds.
The titles must be registered in the same province in which the property is located. However, the records are inaccurate to the point where overlapping may occur. As a result, there is an increase in the number of fake and duplicate titles.
- Every parcel of land or piece of property purchased should be registered with the land registry office. Otherwise, land ownership issues and penalties may arise.
- Examine the Owner’s Duplicate Certificate as well as its seal. First, on the left side of the form, the owner’s duplicate copy of the title should be marked “Owner’s Duplicate Copy.” Second, a red seal with no blotting should be present on the lower corner of the form.
- Purchasing land in the Philippines is a time-consuming and laborious process. Aside from the fact that foreigners are not permitted to purchase land, the system of land registration and classification should cause any investor to reconsider. The further one gets away from the capital, the more cautious one must be.
- Section 17 of the Indian Registration Act of 1908 requires the registration of documents relating to the transfer, sale, or lease of property. The original document, printed on one side, and two photocopies of the original must be submitted to the registering officer for registration. The presence of two witnesses and the payment of the appropriate registration fees are also required for the registration procedure.
The public is better protected when they are registered. Members of the public can be assured that a professional’s standing and qualifications have been independently verified. Another important function of registration offices is record keeping, and these legal documents are permanent for all practical purposes. For resolving property disputes, courts of law rely heavily on such records.
When buying a house, commercial shop, or land, registering your immovable property should be your top priority because it proves your legitimacy to carry out any transaction. A person becomes the legal owner of a property only after it is registered in his name.
If you do not register the property, the previous owner or developer will be deemed the legal and rightful owner. Legally, a property sale is not considered valid until the sale deed is duly stamped and registered. Therefore, the primary goal of registration is to record who owns the flat.
The property seller is known as the “transferor,” and the buyer is known as the “transferee.” The buyer of the property pays the stamp duty and registration fees.
No right, title, or interest in an immovable property can be transferred unless the sale deed is properly stamped and registered. If the property is not registered in your name, you will have no rights to it in the event of a dispute.
For help, message us at Yap Kung Ching & Associates Law to avoid future problems!