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Chapter IV LTD

Date post: 21-Jul-2016
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Chapter IV LTD
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Chapter IV Certificate of Title

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Chapter IVCertificate of TitleISSUANCE OF DECREE OF REGISTRATION AND CERTIFICATE OFTITLEThe court shall issue within 15 days from the entry thereof, an order directing the LRA administrator to issue the corresponding decree of registration and certificate of titleCERTIFICATE OF TITLEThe OCT shall be the true copy of the decree of registrationTranscript of the decreeAccumulates in one decree a precise and correct statement of the exact status of the fee simple title which an owner possessesEvidence of the title which the owner hasWhat appears on the face of the title is controlling on questions of ownership since the certificate of title is an absolute and indeafisible evidence of ownership of the property in favor of the person whose name appears theeinDECREE BINDS THE LAND AND IS CONCLUSIVE AGAINST THEWHOLE WORLDAs soon as the decree of title has been registered in the office of the RD, the property included therein becomes registered landCertificate of title shall take effect upon the transcription of the decreeWHERE TWO OR MORE CERTIFICATES COVER THE SAME LAND, THEEARLIER IN DATE PREVAILSThe OCT is issued for the first time after initial registration proceedingsOCT shall be the true coy of the decree of registrationUpon receipt of the RD of the original and duplicate copy of the certificate of title, he shall enter the same in the record book and shall be numbered, dated and signed and sealed with the seal of his officeISSUANCE OF THE OWNERS DUPLICATE CERTIFICATEShall be delivered to the registered owner or his duly authorized representativeIf 2 or more persons are registered owners, one owners duplicate may be issued for the whole landIf the 2 co-owners desire, a separate duplicate may be issued to each of them in like form but all outstanding certificates so issued shall be surrendered whenever the RD shall register any subsequent voluntary transaction affecting the whole land or part thereof or any interest thereinREGISTERED OWNER ENTITLED TO POSSESSION OF THE OWNERSDUPLICATERegistered owner has preferential right to the possession of the owners duplicate as against one whose name doesn't appear in the certificate but who may have right or claim to the possession of the landDECREE AND TITLE BECOME INCONTROVERTIBLE AFTER ONE YEARUPON ITS ISSUANCE. EXCEPTIONS ARE:1. Laches2. If there is fraud and misrepresentation on the title over public land3. Buyer in bad faith4. When the title over the land which you acquire is already privately ownedCERTIFICATE OF TITLE FREE FROM LIENS EXCEPT THOSE NOTEDTHEREIN AND THE ENCUMBERANCES ENUMERATED IN THE LAW1. Liens, claims, or rights existing or arising under the laws or the constitution which arent by law required2. Unpaid real estate taxes levied or assessed within 2 years immediately preceding the acquisition of any right over the land3. Any public highway or private way established or recognized by the law, or any government irrigation canal or lateral thereof4. Any disposition of the property or limitation to the use thereof by virtue of PD 27 or any other law or regulation or agrarian reformTenancy Emancipation Decree and Comprehensive Agrarian Reform Law)Contd5. Rights incident to the relation of husband and wife and landlord and tenant6. Liability to attachment and execution7. Liability to any lien of any description established by law and the buildings thereon or an interest of the owner of such lands or buidings8. Rights incident to the laws of descent or partition between co-owners9. Taking of the property through eminent domain

Contd10. Right to relieve the land from liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences11. Rights or liabilities created by law and applicable to unregistered landENCUMBERANCESBurden upon land, depreciative of its value, such as lien, easement, or servitude, which though adverse to the interest of the landowner, doesn't conflict with his conveyance of the land in feeLIENCharge on the propertyQualified right or a proprietary interest which may be exercised over the property of anotherUNPAID REAL ESTATE TAXESRefers to unpaid taxes levied and assessed within 2 years immediately preceding the acquisition of any right over the land by an innocent purchaser for value Automatically registeredTENANT EMANCIPATION DECREETenant farmerif not registered, 5 hectares and if irrigated, 3 hectaresLandowner may retain an area of not more than 7 hectares if such landowner is cultivating such area or will not cultivate itCARLLandowner may not retain more than 5 hectaresThree hectares may be allowed to each child of the landownerprovided that he is at least 15 years old and that he is actually tilling the land or directly managing the farmPUBLIC PATENTLand not subject to any encumberance or alienation from the date of approval and for the term of 5 years from and after the date of issuance of the patent or grantOTHER STATUTORY LIENSAlienable lands of the public domain granted or donated or transferred to a province, municipality, or branch of the government shall not be alienated or encumbered or otherwise disposed of in a manner affecting its title except when authorized by CongressCONTENTS OF A CERTIFICATE OF TITLE1. Full names of all persons whose interest make up the full ownership of the land2. Civil status3. Names of the respective spouses4. Citizenship5. Residence and postal addressREGISTERED OWNER MAY BE BARRED FROM RECOVERINGPOSSESSION THROUGH LACHES: ELEMENTS OF LACHES1. Conduct on the part of defendant2. Delay in asserting the complainants rights after having knowledgeor notice and having been afforded opportunity to initiate a suit3. Lack of knowledge or notice on the part of defendant4. Inquiry or prejudice to the defendantCONVEYANCE OF ONLY A PORTION OF THE LANDRD shall not enter a new title in favor of the grantee until after a plan indicating the portions into which the land has been subdivided shall have been first presented together with technical decription