Lambda Rho Beta Fraternity Ltd Atty Sabio

7/28/2019 Lambda Rho Beta Fraternity Ltd Atty Sabio

1/38

LAMBDA RHO BETA FRATERNITY

NOTES IN LAND TITLE AND DEEDS UNDER ATTY. RODOLFO SABIO

Introduction:

Definitions: Sec. 1-3, PD 1529

1. Land Titles- evidence of right of owner or extent of his interest by which means he

can maintain control and as a rule assert right to excusive possession and enjoyment

of property.

2. Deeds- 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

Section 3.Status of other pre-existing land registration system. The system of registrationunder the Spanish Mortgage Law is hereby discontinued and all lands recorded under

said system which are not yet covered by Torrens title shall be considered asunregistered lands.

Hereafter, all instruments affecting lands originally registered under the Spanish MortgageLaw may be recorded under Section 113 of this Decree, until the land shall have beenbrought under the operation of the Torrens system.

TORRENS SYSTEM AND PURPOSE

Torrens System of Registration- a system of registration of land which aims to establishand certify to the ownership of an absolute and indefeasible title to reality and to simplifyits transfer.

Case: Republic vs Umali, 171 SCRA 642; Grey Alba vs Dela Cruz, 17 SCRA 49\

1. The nature of land registration proceedings:

Section 2.Nature of registration proceedings; jurisdiction of courts. Judicial proceedingsfor the registration of lands throughout the Philippines shall be in rem and shall be basedon the generally accepted principles underlying the Torrens system.

Courts of First Instance (RTC) shall have exclusive jurisdiction over all applications fororiginal registration of title to lands, including improvements and interests therein, and over

all petitions filed after original registration of title, with power to hear and determine allquestions arising upon such applications or petitions. The court through its clerk of court

shall furnish the Land Registration Commission with two certified copies of all pleadings,


2/38

exhibits, orders, and decisions filed or issued in applications or petitions for landregistration, with the exception of stenographic notes, within five days from the filing or

issuance thereof.

2. The Governing Laws- PD 1529, CA 141, Cadastral Act 2259, and other pertinent laws

and provisions of the 1987 Constitution, Condominium Law, Indegenous PeoplesRight Act, Agrarian Reform Law.

ADMINISTRATION OF TORRENS SYSTEM (Sec. 4- 13)

1. General Functions of Register of deeds:

Section 10.General functions of Registers of Deeds. The office of the Register of Deeds

constitutes a public repository of records of instruments affecting registered or unregisteredlands and chattel mortgages in the province or city wherein such office is situated.

It shall be the duty of the Register of Deeds to immediately register an instrumentpresented for registration dealing with real or personal property which complies with all therequisites for registration. He shall see to it that said instrument bears the properdocumentary and science stamps and that the same are properly canceled. If the

instrument is not registerable, he shall forthwith deny registration thereof and inform thepresentor of such denial in writing, stating the ground or reason therefor, and advising him

of his right to appeal by consulta in accordance with Section 117 of this Decree.

2. Ministerial Character of duty to register instrument:

It shall be the duty of the Register of Deeds to immediately register an instrumentpresented for registration dealing with real or personal property which complies with all the

requisites for registration. He shall see to it that said instrument bears the properdocumentary and science stamps and that the same are properly canceled. (Sec. 10

PD1529)

Sec. 10 in relation to sec. 117 the supreme court held that the function of the Register of

Deeds with reference to the registration of deeds, encumbrances, instruments and the likeare ministerial in natire. It is enough that in his opinion the instrument is registrable for himto register it and, tha act being also an administrative act does not contemplate notice toand hearing interested parties.

The Register of Deeds is entirely precluded by section 10 from exercising his personal

judgement and discretion when confronted with the problem of whether to register a deedor instrument on the ground that it is invalid. The determination of whether the document isvalid or not is a function that belongs properly to the courts

3. When Register of Deeds may deny registration of voluntary instruments;


3/38

a. When there are more than one copy of the owners duplicate certificate of titleand not all such copies are presented to the Register of Deeds

b. Where the voluntary instrument bears on its face an infirmity. eg. When it is

conjugal in character.

c. Where the validity of the instrument sought to be registered is in issue pendinga court suit. The registration may be suspended to await the final outcome of

the case.

d. The Register of Deeds may also refuse to register a private document sincesection 112 provides that deeds of conveyances affecting lands should verifiedand acknowledge before a notary public.

ORIGINAL REGISTRATION UNDER PD 1529;(Sections 14- 23 )

A. Requisites in ordinary land registration proceedings

1.Survey of land by Bureau of lands or duly licensed private surveyor

2.Filing of application for registration by applicant

3.Setting of date of initial hearing of application by RTC

4.Clerk of court to transmit to Land Registration Authority the application, date of initial

hearing & other pertinent docs

5.Publication of notice of filing of application, date & place of hearing in OG and in

newspaper of general circulation

6.Service of notice contiguous owners, occupants & those who have interest in property

7.Filing of answer or opposition to application

8.Hearing of case by RTC

9.Promulgation of judgment by court

10.Issuance of decree by RTC decision; Instruct land registration authority to issue decree

of confirmation & registration

11.Entry of decree of registration in Land Titles Administration

12.Send copy of decree to Register of Deeds

13.Transcription of decree of registration in registration book & issuance of the ownersduplicate original certificate of title of the applicant by the Land registration Authority -

upon payment of prescribed fees

B. Who can apply an application for registration of lands.

1.Those in open, continuous, exclusive, notorious possession of patrimonial property of

state under bona fide claim of ownership since June 12, 1945 or earlier


4/38

2.Those who acquired ownership of private land by prescription

3.Those who acquired ownership of private lands by right of accretion

4.Those who acquired ownership in any manner provided for by law

Where the land is owned in common, all the co- owners shall file the application jointly

Where the land has been sold under pacto de retro sale, the vendor a retro may file an

application for the original registration of the land, provided however , that should the

period for redemption expire during the pendency of the registration proceedings and

ownership to the property consolidated in the vendee a retro, the latter shall be substituted

for the applicant and may continue the proceedings..

A trustee may on behalf of the principal apply for original registration of any land held by

him, unless prohibited by the instrument creating the trust.

LIMITATION TO OWNERSHIP OF LAND BY CORPORATION:

1.PRIVATE LANDS

a.At least 60% Filipino to acquire private land

b.Restricted as to extent reasonably necessary to enable it to carry out purpose

which it was created

c.If engaged in agricultural restricted to 1,024 ha.

2.PATRIMONIAL PROPERTY OF STATE

a.Lease for 25 years renewable

b.Limited to 1,000 ha.

c.Apply to both Filipinos & foreign cos.

C, Who may not apply?

1. A public land sales applicant is not a proper party to file for registration of the same

land covered by his sales application.

2. A mortgagee, or his successor in interest to the mortgage, cannot apply.


5/38

3. An antichretic creditor

4. A person or entity whose claim of ownership to the had been previously denied in

reinvindicatory action.

D. FORMS AND CONTENTS OF APPLICATION

1.In writing & signed by applicant or person duly authorized

2.Description of land

3.Citizenship

4.Civil status

5.Full names & address of occupants & adjoining owners

WHAT TO ACCOMPANY APPLICATION:

1.Tracing cloth plan duly approved by the Director of Lands

2.3 copies of technical descriptions

3.3 copies of surveyors certificate

4.All original muniments of title

5.4 copies of certificate by city/provincial treasurer of assessed value of land

AMENDMENTS ALLOWED & NOT ALLOWED

1.Substantial change in boundaries or increase in area - new technical description

necessary need new publication & notice

2.Substitution of name of new owner file motion with court

3.Decrease the area file motion in court

MUNIMENT OF TITLE

instruments or written evidences which applicant hold or posses to enable him to

substantiate & prove title to his estate


6/38

TRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE:

1.Record instrument in Register of Deeds in same manner as if no application was made

2.Present instrument to RTC, motion praying that same be considered in relation to the

pending application

TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE:

Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a

TCT

E. WHERE TO FILE

According to the decree the application for land registration shall be filed with the Regional

Trial Court of the province or city where the land is situated

F. AMENDMENTS TO APPLICATION AND NEEDED PUBLICATION

Section 19.Amendments. Amendments to the application including joinder, substitution,or discontinuance as to parties may be allowed by the court at any stage of the proceedings

upon just and reasonable terms.

Amendments which shall consist in a substantial change in the boundaries or an increase in

area of the land applied for or which involve the inclusion of an additional land shall besubject to the same requirements of publication and notice as in an original application.

NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF MUNICIPALITY

14 days before hearing

TO WHOM NOTICE MUST BE SENT:

1.City/municipal mayor & provincial governor

2.Department of Agrarian Reform, Solicitor General & Director of Lands , Director of

Fisheries, Director of Mines

3.Adjoining owners & those who have rights or interest thereto


7/38

REQUISITES OF OPPOSITION:

1.Set forth objections to the application

2.State interest claimed by oppositor

GENERAL DEFAULT

If no person appears and answers within time prescribed

SPECIAL DEFAULT

Party appears at initial hearing without having filed an answer and ask court for time to

file answer but failed to do so within period allowed

G. HEARING, JUDGEMENT, DECREE OF REGISTRATION.

HEARING

within 7 days after publication in OG

25 90 days from date of order

WHO CONDUCTS HEARING:

1.RTC

2.Refer to referee commissioner

DECREE

issued by land registration authority containing technical description of land; issued after

finality of judgment1.Decrees dismissing application2.Decrees of confirmation and

registration

Final after 1 year after decree

Unless there in innocent purchaser for value

Subject only to appeal

Once final, cannot be subject to attack, deemed conclusive against the world3.Put end to

litigation4.Purpose of Torrens system is protected


8/38

Amendment after 1 year is allowed creation or extinguishment of new rights; inclusion

of new owners not allowed

JUDGMENT

decision of court constituting its opinion after taking into consideration the evidencesubmitted

JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE

1. Nature of the proceeding

Proceeding is against the whole world, a judicial proceeding a decree of registration issued

is conclusive and final

2. Applicants; what must they prove

a. Filipino citizens who by themselves of through their predecessors in interest have been

in open, continuous , exclusive and notorious possession and occupation of agricultural

lands of the public domain, under a bonafide claim of acquisition of ownership, for

atleast 30 years or atleat since January 24, 1947, over even since time immemorial.

b. Filipino citizens who by themselves of through their predecessors in interest have been

prior to the effectivity of PD 1073 on January 25, 1977, in open, continuous , exclusive

and notorious possession and occupation of agricultural lands of the public domain,

under a bonafide claim of acquisition of ownership, for atleast 30 years or atleat since

January 24, 1947,

c. Private corporations or associations which had acquired lands formerly part of alienable

and disposable lands of the public domain from Filipino citizens who have possessed the

same in the manner and for length of time indicated in the above paragraphs.

The applicant must prove that;


9/38

1. The land is alienable and disposable land of the public domain

2. That he is in possession thereof been in open, continuous , exclusive and notorious

possession and occupation of agricultural lands of the public domain, under a

bonafide claim of acquisition of ownership, for atleast 30 years or atleat since

January 24, 1947, over even since time immemorial.

To prove the land to be alienable he must secure a certification from the government thatthe lands which he claims are alienable and disposable. It is the burden of the applicant to

prove his positive averments.

3. Effect of compliance with the requirements;

The possessor is deemed to have acquired by operation of law, a right to a grant, a

government grant, without necessity of a certificate of title being issued. The application for

confirmation is then a mere formality, the lack of which does not affect the sufficiency of

the title as would be evidenced by the patent and the corresponding torrens title issuedpursuant to such patent.

4. Forms of the application

The applicant should state in his application the material facts and informations required in

section 15 of PD 1529:

The application for land registration shall be in writing, signed by the application or the

person duly authorized in his behalf, and sworn to before any officer authorized to

administer oaths for the province or city where the application was actually signed. If there

is more than one applicant, the application shall be signed and sworn to by and in behalf of

each. The application shall contain a description of the land and shall state the citizenship

and civil status of the applicant, whether single or married, and, if married, the name of the

wife or husband, and, if the marriage has been legally dissolved, when and how the

marriage relation terminated. It shall also state the full names and addresses of all

occupants of the land and those of the adjoining owners, if known, and, if not known, it

shall state the extent of the search made to find them.

Last extension granted by Government was until December 31, 1987

Right made available to person qualified to acquire alienable and disposable public land thru

open, continuous, exclusive, notorious (OCEN) possession under bonafide claim of

ownership since June 12, 1945.


10/38

A .Prior to transfer of sovereignty from Spain to US, have applied for purchase but

did not receive title, without default on their part provided they have occupied since their

application

B .In OCEN possession since June 12, 1945 or earlier

c. Members of cultural minorities in OCEN who has claim of ownership for at least 30

years

MAX LAND THAT CAN BE APPLIED: 144 hectares

In case of foreigner, sufficient that he is already Filipino citizen at the time of his

application

Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect

title; can only lease

PERSONS COMPETENT TO QUESTION LAND GRANT

Persons who obtained title from State or thru persons who obtained title from State

NON- REGISTRABLE PROPERTIES

Article 419- 424 of the Civil Code

Art. 420. The following things are property of public dominion:

(1) Those intended for public use, such as roads, canals, rivers, torrents, ports andbridges constructed by the State, banks, shores, roadsteads, and others of similar

character;

(2) Those which belong to the State, without being for public use, and are intended

for some public service or for the development of the national wealth. (339a)

Art. 421. All other property of the State, which is not of the character stated in the

preceding article, is patrimonial property. (340a)

Art. 502. The following are of public dominion:(1) Rivers and their natural beds;

(2) Continuous or intermittent waters of springs and brooks running in their naturalbeds and the beds themselves;

(3) Waters rising continuously or intermittently on lands of public dominion;


11/38

(4) Lakes and lagoons formed by Nature on public lands, and their beds;

(5) Rain waters running through ravines or sand beds, which are also of public

dominion;

(6) Subterranean waters on public lands;

(7) Waters found within the zone of operation of public works, even if constructed bya contractor;

(8) Waters rising continuously or intermittently on lands belonging to privatepersons, to the State, to a province, or to a city or a municipality from the moment

they leave such lands;

(9) The waste waters of fountains, sewers and public establishments.(407)

CLASSIFICATION OF LAND OF PUBLIC DOMAIN:

Classification is exclusive prerogative of executive & not by judiciary

Anyone who applies for confirmation of imperfect title has burden of proof to overcome the

presumption that the land sought to be registered forms part of public domain (Regalian

doctrine)

UNDER THE CONSTITUTION:

1.Agricultural only one subject to alienation

2.Forest or timber

3.Mineral lands

4.National park

UNDER THE PUBLIC LAND ACT:

1.Alienable/disposablea.Agriculturalb.Residential, commercial, industrialc.Educational,charitabled.Town sites and for public and quasi-public uses

2.Timber lands - inalienable3.Mineral lands inalienable

If patent or title is issued void ab initio for lack of jurisdiction

Not subject to acquisitive prescription; even if in possession for long time, will not ripen

into ownership


12/38

Except: mineral lands and forest lands acquired before inauguration of Commonwealth in

November 15, 1935; vested rights which are protected

FISHPONDS

Before: included in definition of agriculture, conversion of agricultural land to fishponds

does not change character of land

Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be

leased from government.

DIRECTOR OF LANDS

Quasi-judicial officer

Findings of fact conclusive on higher court with absence of fraud, mistake other than error

of judgment; but not with regards to finding of law

Empowered to alienate and dispose lands

MODES OF ALIENATING PUBLIC LANDS:

1.Homestead settlement

2.Sale

3.Confirmation of imperfect or incomplete title

a.Judicial legalization

b.Administrative legalization

Lease not included since lease does not transfer ownership; free-title grant: free

distribution of public lands to encourage people to cultivate; government furnishes the

applicant with tolls plus cash allowance to enable him to cultivate

CADASTRAL REGISTRATION PROCEEDINGS (SEC. 35- 38, PD 1529)

1. Nature of cadastral proceeding:

A cadastral proceeding is one in rem and against everybody. The judgment therein isbinding on the whole world. The decisions therefore precludes parties from re- litigating the

same issues already determined by final judgment.

The proceeding is also INVOLUNTARY in the sense that in the filing of the petition for

registration is by the government not by the persons claiming the ownership thereof, and


13/38

the latter are on pain of losing their claim thereto in effect compelled them to go to court tomake known their claim or interest therein, and to substantiate such claim or interest.

The objective of the proceeding, like that of the ordinary land registration proceeding, is theadjudication of title to lands involved.

2. Requirements of the petition:

Any person claiming interest in any part of lands subject to petition is required to

file answer

Answer must give the ff details:

a.Age of claimant

b.Cadastral number of lot claimed

c.Name of barrio or municipality where lot is located

d.Name of owners of adjoining lots

e.If in possession & without grant no of years in possession

f.If not in possession state interest claimed

g.If assessed of taxation assessed value

h.Any encumbrances affecting said lots

3. Procedures- filing of the petition to judgment and issuance of decree.

1.CADASTRAL SURVEY

In opinion of Phil president pursuant to requirement of public interest, title of land

within a specified area needs to be settled and adjudicated

Order Director of Lands to make survey and plan

Director gives notice to persons claiming interest in lands & to gen public of day ofsurvey published in OG and posted in conspicuous place on lands to be surveyed

Geodetic engineers commences survey

During survey, boundaries are marked by monuments

2.FILING OF PETITION


14/38

After survey and plot been made, Director represented by Sol Gen institutes

cadastral p roceeding by filing petition in court against holders, claimants, possessors,

occupants

Parcel of lots given their cadastral numbers

3.PUBLICATION OF NOTICE OF HEARING

Court to order date of hearing

LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general

circulation & copy mailed to person whose address is known & other copies posted in

conspicuous place designated bylaw

4.FILING OF ANSWER

Any person claiming interest in any part of lands subject to petition is required to

file answer

Answer must give the ff details:

a.Age of claimant

b.Cadastral number of lot claimed

c.Name of barrio or municipality where lot is located

d.Name of owners of adjoining lots

e.If in possession & without grant no of years in possession

f.If not in possession state interest claimed

g.If assessed of taxation assessed value

h.Any encumbrances affecting said lots

5.HEARING OF CASE

In any convenient place where land lies

Like an ordinary RTC trial

Conflicting claims are determined

Lots claimed are awarded to persons entitles if they could prove title

If none could prove title land is declared public domain

6.DECISION

Claimants are notified of decision7.ISSUANCE OF DECREE AND CERTIFICATE OF

TITLE


15/38

Upon order of court, LRA to enter decree of registration

Decree made basis for issuance of OCT

Decree are now being directly prepared and issued on regulation forms of such

certificate

CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION

CADASTRAL ORDINARY

Party Initiating Government Private Individual

Subject Matter Private and Public Private Lands

Ownership Government does not assert Ownership is asserted

ownership Interested only in

settlement of titles

Survey Government undertakes survey On account of Owner

and advances expenses

As to risk In absence of successful claimant, Applicant has another chance

property goes to government to claim dismissal is without

prejudice

WHEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED

10 years up to Dec 31, 1968

Unable to file their claim even while in possession granted right to petition for reopening of proceedings

provided such were not alienated, leased or disposed by government

CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY DIRECT SHERIFF TO DELIVER

POSSESSION

Provisions of land registration act applicable to cadastral proceedings

REMEDIES

Section 32-34, PD 1529


16/38

1. New Trial;

- must be brought within 15 days from notice of judgment

a.Fraud, accident, mistake, excusable negligence which ordinary prudence could not

have guarded

b.Newly discovered evidence which could not be discovered & produced at trial, theevidence is material discovered after the trial, and could not have been produced at

the trial even with the exercise of reasonable diligence.

c.Evidence insufficient to justify decision, decision is against the law

2. Relief from judgment

60 days 6 months after entry of order; available to party to case, fraud, accident,

mistake, excusable negligence (FAME); after judgment; person deprived of right is party to

case

3. Appeal;

must be brought 15 days from notice of judgment

4. Petition of review of judgment

The petition must be filed not later than 1 year from and after the date of the entry of such

decree of registration, BUT shall in no case the court shall entertain such petition where an

INNOCENT PURCHASER FOR VALUE HAS ACQUIRED THE LAND OR AN INTEREST THEREIN,

WHOSE RIGHTS MAYBE PREJUDICED.

5. Reconveyance of the property;

-action in personam; available so long as property not passed yet to innocent

purchaser for value; bad faith or with notice of defect

The basic rule is that after the lapse of one year (1yr) from the entry, a decree of

registration is no longer open to review or attack even though the issuance thereof

may have been attended by fraud and that the title is defective. The law nevertheless

safeguard the rightful partys interest, allowing such party to bring an action for

reconveyance. Which can be filed even before the issuance of the decree..


17/38

Grounds:

Fraud- must be brought within four years from the discovery of fraud

Implied or constructive trust- prescribes in 10 years

Express trust- does not prescribes

Void contract- imprescriptible

6. Action for damages

An action for damages is the proper remedy if no action has been brought after one year

from the date of the decree and if reconveyance is not possible because the property has

passed to an innocent purchaser for value and in good faith, such action prescribes in ten

years from the issuance of the torrens title.

a. Person is wrongfully deprived of his land by registration in name of another

actual or constructive fraud

b. No negligence on his part

c .Barred/ precluded from bringing an action

d. Action for compensation has not prescribed

7. Assurance Fund;

An assurance fund is a special fund created by PD 1529 under the custody of the National

treasurer, when proper a person who sustains loss or damage or is deprived of a land or

any estate or interest therein, by reason of the operation of the torrens system. The action

for recovery of damage from the assurance fund may be availed of in case of INSOLVENCT

OF THE PARTY WHO PROCURED THE WRONGFUL REGISTRATION. Such action shall be

instituted within six years from the time the right to bring the action first occurred, it shall

be brought against the RD of the province where the land is situated and the National

Treasurer, or with against any person who aid in such wrongful registration.


18/38

8. Cancellation of suits;

SUITS INVOLVING DOUBLE TITLE

When one title is held to be superior over the other, the latter should be declared null and

void and ordered cancelled, even if not prayed.

The general rule is that the certificate EARLIER IN DATE MUST PREVAIL as between theoriginal parties, and in case of successive registration where more than one certificate is

issued over the land, the person holding under the prior certificate is entitled to the land as

against the person who relies on the second certificate.

The principle of according to superiority to a certificate of the title earlier in date cannot

however apply if it is established that the same was procured through fraud or is otherwise

jurisdictionally fraud

SUITS INVOLVING NON REGISTRABLE PROPERTY; CANCELLATION FOR OTHER CAUSES

-may be pursued through ordinary action

ANNULMENT OF JUDGEMENT

-available only where ordinary remedies of new trial, petition for relief or other appropriate

remedies are no longer available, through no fault of the petitioner.

9. Quieting of Title

Art. 476. Whenever there is a cloud on title to real property or any interest

therein, by reason of any instrument, record, claim, encumbrance orproceeding which is apparently valid or effective but is in truth and in factinvalid, ineffective, voidable, or un enforceable, and may be prejudicial tosaid title, an action may be brought to remove such cloud or to quiet the

title.

An action may also be brought to prevent a cloud from being cast upon titleto real property or any interest therein.

A complaint for quieting title is an ordinary civil remedy; characterized as quasi in rem;must be brought by the registered owner; imprescriptible if the property is in the

possession of the plaintiff.

10. Reversal suits.(see discussion. Book of Aquino, p 154)


19/38

LAND PATENTS

Section 103.Certificates of title pursuant to patents. Whenever public land is by the

Government alienated, granted or conveyed to any person, the same shall be broughtforthwith under the operation of this Decree. It shall be the duty of the official issuing

the instrument of alienation, grant, patent or conveyance in behalf of the Government to

cause such instrument to be filed with the Register of Deeds of the province or city

where the land lies, and to be there registered like other deeds and conveyance,

whereupon a certificate of title shall be entered as in other cases of registered land, and

an owner's duplicate issued to the grantee. The deed, grant, patent or instrument of

conveyance from the Government to the grantee shall not take effect as a conveyance

or bind the land but shall operate only as a contract between the Government and the

grantee and as evidence of authority to the Register of Deeds to make registration. It is

the act of registration that shall be the operative act to affect and convey the land, andin all cases under this Decree, registration shall be made in the office of the Register of

Deeds of the province or city where the land lies. The fees for registration shall be paid

by the grantee. After due registration and issuance of the certificate of title, such land

shall be deemed to be registered land to all intents and purposes under this Decree.

Kinds of Public land patents:

Homestead Patent

Issued to any citizen of the Philippines over the age of 18 or the head of the family who

does not own more than 12 hectares of land or has not had a benefit of any gratuitous

allotment of more than 12 hectares of land since the occupation of the Philippines by the

US. And had complied with the residence and cultivation requirements of the law, have

resided for at least one year in the municipality where the land is situated, and must have

cultivated at least 1/5 of the land applied for.

Free Patent

Sec. 44,Public Land Act Any natural-born citizen of the Philippines who is not the owner

of more than 12 hectares and who at least 30 years prior to the effect of this amendatoryact, has continuously occupied and cultivated, either by himself or through his

predecessors-in-interest, a tract or tracts of agricultural public lands subject to disposition,

or who shall have paid the real estate tax thereon while same has not been occupied by any

person shall be entitled, under the provisions of this chapter, to have a free patent issued

to him for such tract or tracts of such land not to exceed 12 hectares.


20/38

The period for filing for free patents ends on December 31 2000, as provided in the

amendatory act.

The filing and processing of the application and the issuance of the free patent constitute

the administrative mode of confirming the imperfect title.

Sales Patent

Applicant must be a citizen of the Philippines atleast 18 years of age and is head of the

family, may purchase public agricultural land of not more than 12 hectares. Private

corporation are not qualified to purchase. The land applied for is sold in a public auction and

is thereafter required to have atleast 1/5 of the land broken and cultivated within 5 years

from the date of award a sales patent may only be issued after payment of the purchased

price and shall have established his occupancy, cultivation and improvement of atleast 1/5

of the land.

Agricultural lands, which are suitable for residential, commercial or industrial purposes notexceeding 12 hectares any also be sold to any citizen. Sale is also in a public auction.

Republic Act 730, which took June 18, 1952, permits the sale without public auction for

residential purposes to any citizen at least 18 years of age.

Special Patent

Also under the Public Land Act. In favor of non- Christian Filipinos and is also limited to 12

hectres.

Conveyance is valid if able to read and can understand language where deed is written

Otherwise, not valid unless approved by Commission on National Integration

Safeguard is to protect them against fraud/deceit

All land patents must be registered since the conveyance of the land covered thereby is

effective only upon registration and also to affect third parties.

TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT

1.Indefeasible when registered, deemed incorporated with Torrens system; 1 year after

issuance of patent

2.May not be opened one year after entry by Land Registration Authority; otherwise,

confusion, uncertainty & confusion on government system, of distribution of public lands

may arise & this must be avoided Except: annullable on ground of fraud, may be reopened

even after 1 year because registration does not shield bad faith


21/38

Court in exercise of equity jurisdiction may direct reconveyance even without

ordering cancellation of title

4. Actions against improper or illegal issuance of patents

REVERSION- the cancellation of the certificate of title and the consequential reversion of the

land to the state. Instituted by the Solicitor General, action is not barred by prescription,

laches and estoppels.

CANCELLATION-if the land covered by the patent is a private land

RECONVEYANCE SUITS- patent was acquired in breach of constructive or implied trust.

RECONSTITUTION OF TITLE, OTHER PETITIONS, ACTIONS AFTER ORIGINALREGISTRATION

Manotok vs Heirs of Barque

SUBSEQUENT REGISTRATION- VOLUNTARY DEALINGS

SECTIONS 49- 59, PD 1529

Voluntary and involuntary registration- distinguished

VOLUNTARY DEALINGS

Need to present title to record the deed in registry & to make memorandum on title

INVOLUNTARY DEALINGS

No presentation required; sufficient that annotation in entry book is sufficient

VOLUNTARY DEALINGS

- VOLUNTARY DEALINGS WITH REGISTERED LANDOPERATIVE ACT

registration by owner; deed not registered binding only between parties

PROCESS OF REGISTRATION:


22/38

1. File instrument creating or transferring interest and certificate of title with Register of

Deeds

a. Owners duplicate

b .Payment of fees & documentary stamp tax

c. Evidence of full payment of real estate tax

d. Document of transfer 1 copy additional for city/provincial assessor

2 .Register of Deeds shall make a memorandum on the certificate of title, signed by him

3 .Issue TCT

FORMAL REQUISITES OF A DEED

1.Full name

2.Nationality

3.Place of residence

4.Postal address of grantee or other persons acquiring or claiming interest

5.Civil status

6.Whether or not corporation

1.Register of Deeds to keep an entry book day book

2.Enter in order of reception all deeds & voluntary instruments, write & processes re

land -Year, month, day, time, minute of reception of instrument; Registered from

time of entry

3.Fees of 5 bucks per document to be paid within 15 days

4.Note memorandum & sign & issuance of certificate

5.Documents are numbered & indexed & indorsed with reference to certificate of

title public records

6.Subject to reasonable regulation

Cost borne by vendor


23/38

1. Rule on double sales

Art. 1544. If the same thing should have been sold to different vendees, theownership shall be transferred to the person who may have first taken possession

thereof in good faith, if it should be movable property.

Should it be immovable property, the ownership shall belong to the person acquiring

it who in good faith first recorded it in the Registry of Property.

Should there be no inscription, the ownership shall pertain to the person who in good

faith was first in the possession; and, in the absence thereof, to the person whopresents the oldest title, provided there is good faith

2. Amendments of certificate of title

Campillo vs Court of Appeals

3. Mirror Principle- buyer need not go beyond the certificate of title

Well settled is the rule that all persons dealing with property covered by torrens certificate

of title are not required to go beyond what appears on the face of the title. When there is

nothing on the certificate of title to indicate any cloud or vice in the ownership of the

property, or any encumbrance thereon, the purchaser is not required to explore further

than what the torrens title upon its face indicates in quest for any hidden defect or inchoate

right that may subsequently defeat his right thereto.( Centeno vs CA)

4. Forged instrument-when can it be root of a valid title

Fule vs De Le Gare, 7 SCRA 751

5. Notice of Lis Pendens

Section 76.Notice of lis pendens. No action to recover possession of real estate, or to

quiet title thereto, or to remove clouds upon the title thereof, or for partition, or otherproceedings of any kind in court directly affecting the title to land or the use or occupation

thereof or the buildings thereon, and no judgment, and no proceeding to vacate or reverse

any judgment, shall have any effect upon registered land as against persons other than the

parties thereto, unless a memorandum or notice stating the institution of such action or

proceeding and the court wherein the same is pending, as well as the date of the institution

thereof, together with a reference to the number of the certificate of title, and an adequate

description of the land affected and the registered owner thereof, shall have been filed and

registered.


24/38

PURPOSE:

keep subject matter within the power of the court until the entry of final judgment

Therefore creates merely a contingency & not a liens

EFFECT OF REGISTRATION:

1.Impossibility of alienating the property in dispute during the pendency of the suit may

be alienated but purchaser is subject to final outcome of pending suit

2.Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be

issued

CANCELLATION OF LIS PENDENS:

1.Before final judgment court may order cancellation after showing that notice I sonly for

purpose of molesting an adverse party or it is not necessary to protect rights of party who

caused it to be registered

2.Register of Deeds may also cancel by verified petition of party who caused such

registration

3.Deemed cancelled when certificate of clerk of court stating manner of disposal of

proceeding is registered

NOTICE OF LIS PENDENS IS AN INVOLUNTARY TRANSACTION

Sufficient that there is entry in day book

OTHER PARTIES WHO NEED TO REGISTER:

1.ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY

Duty of the officer serving notice to file copy of notice to Register of Deeds where

the property of debtor lies

Assignee elected or appointed by court shall be entitled to entry of new certificate of

registered land upon presentment of copy of assignment with bankrupts certificate of

title (duplicate)


25/38

New certificate shall not that it is entered to him as assignee or trustee in insolvency

proceedings

JUDGMENT/ORDER VACATING INSOLVENCY PROCEEDINGS

Order shall also be registered

Surrender title issued in name of assignee & debtor shall be entitled to entry of new

certificate

2.GOVERNMENT IN EMINENT DOMAIN

Copy of judgment file in Register of Deeds which states description of property,

certificate number, interest expropriated, nature of public use

Memorandum shall be made or new certificate of title shall be issued

6. Real Mortgages

real property/real rights secures fulfillment of an obligation

KINDS:

1.Conventional agreed upon by parties

2.Legal Created by operation of law

3.Judicial results from a judgment

4.Equitable pacto de retro in form but mortgage in essence

ESSENTIAL REQUISITES:

1.Constituted to secure fulfillment of principal obligation

2.Mortgagor be absolute owner of thing mortgaged

3.Person constituting mortgage has free disposal of property


26/38

SPECIAL CHARACTERISTICS:

1.Subject matter is realty

2.Real right attaches to property wherever it is & whoever holds it

3.Accessory presupposes existence of valid principal obligation; cannot stand alone

4.Indivisibility even if debt is divisible; mortgage is not

5.Inseparability mortgage lien is inseparable from property

6.Retention of possession - mortgagor retains possession

PACTO DE RETRO EQUITABLE MORTGAGE

1.Price of sale with right to repurchase is usually inadequate

2.Vendor remains in possession as lessee or otherwise

3.Upon or after expiration of right to repurchase, another instrument extending period

/granting new period is executed

4.Purchaser retains a part of the purchase price

5.Vendor binds himself to pay taxes on thing sold

6.Real intention of parties is that transaction shall secure payment of debt or fulfillment of

other obligation

Real Mortgage Chattel Mortgage

Subject matter is real property Subject matter is movable

Public document only May be in private document provided there is

affidavit of good faith

Right of redemption for 1 year No right of redemption

Deficiency can be recovered Deficiency cannot be recovered

EXECUTION & REGISTRATION

1.Execution of deed in a form sufficient in law (public instrument)

2.Registration with Register of Deeds where the land lies & take effect upon registration


27/38

a.Present deed of mortgage together with owners duplicate

b.Payment of fees

c.Register of Deeds shall enter upon original certificate of title & upon duplicate a

memorandum date, time of filing, signature, file number assigned to deed

d.Register of Deeds to note on deed the date & time of filing & reference to volume &page of registration book in which it was registered

3. No duplicate need be issued

SUBJECT MATTER

Real property plus all its accessions unless contrary is stipulated

Future property without legal effect

Future improvements deemed included

Fruits & rents of mortgaged property deemed included

Continuing credit secured by mortgage valid

FORMS:

1.Private document void & inexistent

2.Public instrument but not recorded binding between parties but not 3rd persons without

notice

3.Public document & registered valid & binding to 3rd parties

MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE: Yes

If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to

registered owner:

1.Stating that mortgage has been registered

2.Requesting that owners duplicate be produced so that memorandum be made

thereof


28/38

Owner refuses to comply within reasonable time; Register of Deeds to notify court & court

may enter order requiring owner to produce certificate

SUBSEQUENT DEALINGS IN MORTGAGED PROPERTY

1.May be further alienated stipulation to contrary is void

Assignment must also be registered since registration is operative act to affect land

If not recorded valid as to parties but not to 3rd parties, right not protected

against somebody who registers & procures better right

2.May be further mortgaged stipulation to contrary is void

No need to secure permission of mortgagee

Understood unless prohibited in contract

3.Pactum commisorium

not allowed

a. Property is mortgaged

b. There is stipulation for automatic appropriation

4.Discharge

Execute public document canceling or releasing mortgaged in form prescribed by

law

Present instrument with Register of Deeds where land lies together with owners

duplicate for registration

Memorandum of cancellation is annotated on duplicate & original

WHEN MORTGAGOR DIES

1. Abandon security & prosecute his claim by sharing in general distribution of assets of the

estate

2. Foreclose mortgage by making executor party defendant


29/38

3. Foreclose it in due time

PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to

mortgagee

ACTION TO FORECLOSE: Prescribes in 10 years (written contract)

VENUE: Per stipulation or in absence thereof, where the property lies

FORECLOSURE

1.JUDICIAL

a. Mortgagee to petition in court for foreclosure

b. Court to render order for debtor to pay sum due within 90 days and if not paid

from date of service, property be sold at public auction

c. Notice & Publication

d. Public auction: sale to highest bidder

e. Sheriff to issue certificate confirming judicial foreclosure

f. File with Register of Deeds final decree of court confirming sale

g .Memo entered in certificate of title

h. If right of redemption exist, certificate of title of mortgagor not to be cancelled but

memorandum shall be entered upon the certificate duplicate & original

i. After expiry of 1 year redemption period & no redemption, title is consolidated to

new owner

j. Purchaser to be entitled to new certificate of title & memorandum endorsed on

mortgage deed

k. If there is redemption, memorandum to be annotated on certificate of title

2.EXTRA-JUDICIAL


30/38

Allowed only if stipulation between party authorizes extra-judicial foreclosure

Cannot be made legally outside of city where land lies

Publication required: post notices for 20 days in 3 public places where property lies & if

property is more than P400.00, publication must be for 3 consecutive weeks in news paperof general circulation

If foreclosure by rural banks, exempt from publication in newspaper for loans not

exceeding 3,000.00

Registration of sale in Register of Deeds:

a. Deed of sale must be supported by certificate of sheriff that said sale was

conducted accordingly stating the date, time, place of sale, names of creditor &

debtor, description of property, name of highest bidder, selling price

b. Present in Register of Deeds where land lies

c. Memorandum on back of certificate is made

d. After expiration of 1 year of redemption period title is consolidated if no

redemption exercised: purchaser to file with Register of Deeds the deed of sale &

sworn statement attesting to fact that there is no redemption

e. New certificate of title issued in favor of vendee

f. If redeemed notice of redemption shall be registered & accomplished by way of

memorandum on proper certificate of title

RIGHT OF REDEMPTION

Payment of purchase price plus 1% per month plus taxes if paid by purchaser

To be exercised within 1 year after registration of sale

RIGHT TO DEFICIENCY allowed

7. Trusts

Section 64.Power of attorney. Any person may, by power of attorney, convey or otherwise deal withregistered land and the same shall be registered with the Register of Deeds of the province or citywhere the land lies. Any instrument revoking such power of attorney shall be registered in like manner.


31/38

Section 65.Trusts in registered land. If a deed or other instrument is filed in order to transferregistered land in trust, or upon any equitable condition or limitation expressed therein, or to create ordeclare a trust or other equitable interests in such land without transfer, the particulars of the trust,condition, limitation or other equitable interest shall not be entered on the certificate; but only amemorandum thereof shall be entered by the words "in trust", or "upon condition", or other apt words,and by a reference by number to the instrument authorizing or creating the same. A similarmemorandum shall be made upon the original instrument creating or declaring the trust or otherequitable interest with a reference by number to the certificate of title to which it relates and to the

volume and page in the registration book in which it is registered.

Section 66.Trust with power of sale, etc., how expressed. If the instrument creating or declaring atrust or other equitable interest contains an express power to sell, mortgage or deal with the land inany manner, such power shall be stated in the certificate of title by the words "with power to sell", or"power to mortgage", or by apt words of description in case of other powers. No instrument whichtransfers, mortgages or in any way deals with registered land in trust shall be registered, unless theenabling power thereto is expressly conferred in the trust instrument, or unless a final judgment ororder of a court of competent jurisdiction has construed the instrument in favor of the power, in whichcase a certified copy of such judgment or order may be registered.

Section 67.Judicial appointment of new trustee. If a new trustee of registered land is appointed by a

court of competent jurisdiction, a new certificate may be issued to him upon presentation to theRegister of Deeds of a certified copy of the order or judicial appointment and the surrender forcancellation of the duplicate certificate.

Section 68.Implied, trusts, how established. Whoever claims an interest in registered land by reasonof any implied or constructive trust shall file for registration with the Register of Deeds a swornstatement thereof containing a description of the land, the name of the registered owner and areference to the number of the certificate of title. Such claim shall not affect the title of a purchaser forvalue and in good faith before its registration.

TRUST

obligation of a person to whom legal title to property is transferred to hold the propertyaccording to confidence reposed in him

2 KINDS:

1.Expressed need to be in writing; cannot be proved by parole evidence

2.Implied exist by operation of law; can be proved by parole evidence

a.Property is bought but paid by another party

b.Donation is made but donee have no beneficial interest thereon

c.Price of sale of property is loaned & conveyance is made to lender to secure

fulfillment of loan

d.Land passes by succession to a person but legal title is put in anothers name

e.2 persons purchase property but placed only in ones name


32/38

f.Guardian uses funds of ward to buy property

g.Property is acquired thru mistake or fraud

POWER OF ATTORNEY

authority granted to a person to dispose ones property

TRUST DIFFERENTIATED FROM POWER OF ATTORNEY

1.Trust has 3 parties while power of attorney has 2 parties

2.Trust is for benefit of 3rd party while power of attorney is for benefit of principal

REGISTRATION OF TRUST

1.Sworn statement claiming interest by reason of an implied trust with description of land &

reference to number of certificate shall be registered in Register of Deeds

2.Provided not prohibited to do so by instrument creating the trust

APPOINTMENT OF TRUSTEE BY COURT

Certified copy of decree shall be presented to Register of Deeds & surrender duplicate

certificate

Cancel duplicate & new certificate shall be entered by Register of Deeds

ACTION FOR RECONVEYANCE BASED ON IMPLIED TRUST

Prescribes in 10 years

If acknowledged in written form becomes express trust prescribes upon repudiation

INVOLUNTARY DEALINGS

transactions affecting land in which cooperation of registered owner is not needed: it

may even be against his will


33/38

ATTACHMENT

A writ issued at the institution or during progress of an action commanding the sheriff to

attach the property, rights, credits or effects of the defendant to satisfy demands of the

plaintiff

Kinds:

a .Preliminary

b. Garnishment

c. Levy on execution

CONDOMINIUM LAW

Hulst vs PR Builders Inc.

REGISTRATION UNDER THE PUBLIC LAND ACT

PUBLIC LANDS

all lands owned by the government

Inalienable and alienable

Inalienable public domain: timber and miner lands

Alienable/ Disposable - public agricultural land

PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE PERSON.

PROCEDURE:

1.Official issuing instrument of conveyance to issue instrument

2.File instrument with Register of Deeds

3.Instrument to be entered in books and owners duplicate to be issued

4.Instrument only contract between Government and private person and does not take effect as conveyance

if unregistered, it is registration which is operative act of conveying land; evidence of authority for Register of

Deeds to register

5.Fees to be paid by grantee


34/38

6.After issuance of certificate of title, land is deemed registered land within the purview of the Torrens system

NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE AND CONCLUSIVE

In absence of registration, title to public land is not perfected and therefore not indefeasible

In case of 2 titles obtained on same date one procured thru decree of registration is superior than patentissued by director of lands

2 titles procured by one person one from homestead patent, one from judicial decree & sold to 2 diff

persons, one who bought it for value and in good faith & one who register first shall have preference

CLASSIFICATION OF LAND OF PUBLIC DOMAIN:

Classification is exclusive prerogative of executive & not by judiciary

Anyone who applies for confirmation of imperfect title has burden of proof to overcome the presumption that

the land sought to be registered forms part of public domain (Regalian doctrine)

UNDER THE CONSTITUTION:

1.Agricultural only one subject to alienation

2.Forest or timber

3.Mineral lands

4.National park

UNDER THE PUBLIC LAND ACT:

1.Alienable/disposablea.Agriculturalb.Residential, commercial, industrialc.Educational, charitabled.Town sites

and for public and quasi-public uses

2.Timber lands - inalienable3.Mineral lands inalienable

If patent or title is issued void ab initio for lack of jurisdiction

Not subject to acquisitive prescription; even if in possession for long time, will not ripen into ownership

Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15,

1935; vested rights which are protected

FISHPONDS

Before: included in definition of agriculture, conversion of agricultural land to fishponds does not change

character of land


35/38

Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased from

government.

DIRECTOR OF LANDS

Quasi-judicial officer

Findings of fact conclusive on higher court with absence of fraud, mistake other than error of judgment; but

not with regards to finding of law

Empowered to alienate and dispose lands

MODES OF ALIENATING PUBLIC LANDS:

1.Homestead settlement

2.Sale

3.Confirmation of imperfect or incomplete title

a.Judicial legalization

b.Administrative legalization

Lease not included since lease does not transfer ownership; free-title grant: free distribution of public lands to

encourage people to cultivate; government furnishes the applicant with tolls plus cash allowance to enable him

to cultivate

CONFIRMATION OF IMPERFECT TITLE:

1.Last extension granted by Government was until December 31, 1987

2.Right made available to person qualified to acquire alienable and disposable public land thru open,

continuous, exclusive, notorious (OCEN) possession under bonafide claim of ownership since June 12, 1945.

A .Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive title,

without default on their part provided they have occupied since their application

B .In OCEN possession since June 12, 1945 or earlier

c. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years

MAX LAND THAT CAN BE APPLIED: 144 hectares

In case of foreigner, sufficient that he is already Filipino citizen at the time of his application

Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can only lease


36/38

PERSONS COMPETENT TO QUESTION LAND GRANT

Persons who obtained title from State or thru persons who obtained title from State

PATENT

WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW:

1.Deed of conveyance issued by government patent/grant

2.Registered with Register of Deeds mandatory: operative act to convey & transfer title

3.Actual physical possession, open & continuous

Land ceased to be part of public domain & now ownership vests to the grantee

Any further grant by Government on same land is null & void

Upon registration, title is indefeasible

TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT

1.Indefeasible when registered, deemed incorporated with Torrens system; 1 year after issuance of patent

2.May not be opened one year after entry by Land Registration Authority; otherwise, confusion, uncertainty &

confusion on government system, of distribution of public lands may arise & this must be avoided Except:

annullable on ground of fraud, may be reopened even after 1 year because registration does not shield bad

faith

Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of

title

AIM OF HOMESTEAD PATENT:

Benevolent intention of government to distribute disposable agricultural land to destitute citizens for their

home and cultivation

As a matter of public policy, may be repurchased even if after 5 years provided not for profit

Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation purpose

RESTRICTIONS:

1.Cannot be alienated within 5 years after approval of application for patent

2.Cannot be liable for satisfaction of debt within 5 years after approval of patent application


37/38

3.Subject to repurchase of heirs within 5 years after alienation when allowed already

4.No corporation, partnership, association may acquire unless solely for commercial, industrial, educational,

religious or charitable purpose or right of way subject to consent of grantee & approval of Secretary of Natural

resources

EXCEPTIONS:

1.Action for partition because it is not a conveyance

2.Alienations or encumbrances made in favor of the government

ERRED HOMESTEADER NOT BARRED BY PARI DELICTO

Pari delicto rule does not apply in void contract

Violation of prohibition results in void contract

Action to recover does not prescribe

HOMESTEADER

If he dies, succeeded by heirs in the application

LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS (CULTURAL MINORITIES)

Conveyance is valid if able to read and can understand language where deed is written

Otherwise, not valid unless approved by Commission on National Integration

Safeguard is to protect them against fraud/deceit

SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS

System of registration for unregistered land under the Torrens System (ACT 3344)

Before: covers voluntary dealings, now includes involuntary dealings

Effect if prospective; binds 3rd persons after registration but yields to better rights of 3rd person prior to

registration (limited effect to 3rd parties)

Reason: no strict investigation involved

Subsequent dealings also valid if recorded


38/38

Register of Deeds keeps day book & a register; index system is also kept

Procedure:

1.Presentment of instrument dealing in unregistered land

2.If found in order registered

3.If found defective registration is refused writing his reason for refusal

Date post:	03-Apr-2018
Category:	Documents
Upload:	abi-maria
View:	221 times
Download:	0 times