Land Titles And Deeds Notes: Background,Basic Concept & Gen.

Principles

Historical Background

 nomads (free) > cultivate > Spain proclaim ownership except predecessor-in-

interest > Recording

Land Titles

 upon w/c ownership is based

 evidence of the right of the owner or the extent of his interest, and by w/c means

he can maintain control, and as a rule, assert right to exclusive possession and

enjoyment of the property

Possession v. Legal Title/Ownership - 2 distinct and separate concepts

 Possession

 outward evidence of title

 may be enjoyed by usufructuary or lessee

 Legal Title/Ownership

 can exercise full powers of disposition over his land with complete freedom

from control by 3rd persons and subject only to legislative and constitutional

powers of the State

 Colorful Title - claim but with defect; no legal title

Deeds, nature and essentials

 Deeds

 written instruments executed in accordance with law, wherein a person

grants or conveys to another certain land, tenements or hereditaments

  an instrument in writing by w/c any real estate or interest therein is created,

alienated, mortgaged or assigned, or by w/c the title to any real estate may be

affected in law or equity

 To be effective as legal conveyance w/o reformation: deed must have a

grantor, a grantee, words of grant, description of the prop. involved, signature of

the grantor and as required specifically under the Phil. law, we may add also

atleast 2 witnesses and a notarial acknowledgement

 may be a very informal instrument (discouraged) as long as it contains

essentials prescribed by the statute

 A deed will NOT be declared void if by any reasonable rule it can be upheld

 Deed defective in form = equitable right BUT insufficient to pass legal title

 GR: Deeds executed outside the state shall be valid if they comply with the forms

prescribed by law of the place of execution

Types of estate:
1. Freehold estate - indicates title of ownership
a. Fee simple

 absolute title; absolute estate in perpetuity; title of land is conferred upon a man

and his heirs WITHOUT any limitation imposed upon the estate

b. Fee tail

 restrictive estates; designated to pass title from the grantee to his heirs, the intent

of the grantor being to keep the property in the grantee's line

c. Life estate

 held for the direction of the life of the grantee (HOWEVER, may terminate earlier

as by forfeiture)

 Example: estate may be given to a widow for life provided she shall remain a

widow
2. Less-than-freehold estate - signifies some sort of a right short of title from the

grantee to his heirs, the intent of the grantor being to keep the property in the grantee's

line of issue (nature of a lease)

a. Estate for years

 nature of the lease so no title

 grantee or lessee takes over the possession of the land for a period agreed upon

but the grantor retains the legal title to the prop.

 Term: up to 99 years (max allowable by the Civil Code) EXCEPT: where the lessee

is an alien

b. Tenancy from period to period

 nature of a lease w/c may run from month to month or from year to year, w/ the

peculiarity of automatic renewal from time to time UNLESS expressly terminated

by either party

 However, if by the terms of the lease the period can only be extended by written

consent of the parties, no right for extension can arise w/o such written consent

c. Tenancy at will

 form of lease agreement where a person is permitted to occupy the land of

another w/o any stipulation as to period, but either party reserves the right to

terminate the occupation at will or at any time

3 stages of development:

1. Delivery of Deed

2. With recording

3. With registration

Registration > Recording

-w/o guarantee from the State
Registration
  merely species of notice

 w/o effect under wrong system

Registration of title > Recording of evidence of title

 Registration (merely confirms NOT confers title) - Torrens Title (adopted in the

Phils.)

 State provides a public record of the title itself upon w/c a prospective

purchaser or someone else interested may rely

 aims at presenting the prospective purchasers or mortgagee the net result of

all the previous dealings

 notice to all the world

 Rule of Notice: it is presumed that the purchaser has examined every

instrument of record affecting the title (presumption is irrefutable)

 NEVER necessary in order to give it legal effect as between the parties

 purpose: to afford some means of publicity so that persons dealing w/ real

prop. may search the records and thereby acquire security against instruments

the exec. of w/c has not been revealed

 system maintains a permanent record of landholdings, in order to prevent

fraudulent claims to lands by concealment of transfers

 GR: operation of the record is prospective

 EX: Torrens system - subsequent conveyance may defeat a prior unrecorded

message

 Recording

 acts provide for the recording of deeds of conveyance and other instruments

WITHOUT guaranteeing the title, leaving to the prospective purchasers or other

 persons interested to examine the instruments in the records and formulate their

own conclusions as to their effect on the title

 presents the dealings themselves before such prospect who is left to

investigate for himself

Systems of registration

1. System under the Spanish Mortgage Law -abolished by PD 892 (Feb 16 1976)

2. Torrens system

 rights acquired by the registrant are guaranteed by the gov't for w/c purpose there

is provided an assurance fund w/c is made avail to pay for damages that may be

suffered by the registrant as a consequence of the operation of the

 Land Registration Act (Act 496)

 Cadastral Act (2259)

 Public Land Act Commonwealth Act 141

 Torrens title - conclusive against the whole world, including the gov't and to a

holder thereof in GF it is guaranteed to be indefeasible, unassailable and

imprescriptible

3. System of recording for unregistered lands

 governed by Sec. 194 of the Revised Admin. Code as amended by Act 3344

 Property Registration Decree (P.D. 1529) (Jun 11 1978)

 governing registration of lands under the Torrens system as well as the

recording of transactions relating to unregistered lands, including chattel

mortgages

Torrens system
  Original Reg.

 owner is req. to apply w/ the proper court

 finds that the applicant has title proper for the registration a decree of

confirmation and reg. is entered to bind the land and quiet title

 Land Registration Authority (LRA) as an officer of the court

issues the decree in prescribed form w/c is subsequently transcribed by the

Register of Deeds (RD) upon title form denominated "Orig Cert. of Title"

 proceeding brought before the land reg. court to determine title of

ownership to the land on the basis of an application filed for registration or of an

ans. filed by a claimant in a cadastral registration case

 Subsequent Reg.

 becomes the subject of sale, mortgage, lease or other registerable

transaction filed directly w/ RD of the province or city where the land lies for

reg.

 Whether:

 title is cancelled and a new one is issued

 transaction involved is merely annotated on the existing title

 proceeding where incidental matters after after orig. reg. may be brought

bef. the land reg. court by way of motion or petition filed by the reg. owner or a

party in interest

Constitutionality of reg. laws in the Phils.:

 constitutionality was questioned on the grounf that it deprived a person of his

prop. w/o due process of law by merely failing to reg. his right or title in acc. w/

the prescribed system

  State as sovereign over the land situated w/in it, may provide for the adjudication

of title in a proceeding in rem, w/c shall be binding upon all persons known or

unknown

Real/immovable (NOT personal) property as object of reg.

Modes of acquiring land titles:
1. by public grant - can be express or implied from the gov't

 conveyance of public land by the government to a private individual

 Proof of acquisition from the State - one claiming private rights must prove

 Forest lands or forest reserves are NOT capable of private appropriation and

possession, however long, CANNOT convert them into private property

 positive act of the gov't is needed to declassify land w/c is classified as

forest, to convert it into alienable or disposable land or for other purpose

 The classification of forest land or any land for that matter is descriptive of

its legal nature or statues, and does NOT have to be descriptive of what the land

looks like (Dela Cruz v. CA)

 Although the classification of lands is a gov't prerogative w/c it may opt to

exercise to the detriment of another, still private interests regarding the same

are not prejudiced and the possessor in GF is respected in his right NOT to be

disturbed

 It is an iron doctrine that prescription can never lie against the gov't

2. Title by prescription

 a possessor of land who may NOT be the owner, after the lapse of a certain period

prescribed in the law, may assert ownership as against anyone EXCEPT the true

owner or one w/ a better title based on an earlier possession which he had not

abandoned

 The character of occupancy which may ripen into a title by adverse possession

must as a rule be 1 w/c is actual or physical, adverse, open and notorious,

 exclusive, continuous and uninterrupted, coupled w/ the fact that it must be

under claim of ownership

 does NOT run against private lands brought under the operation of the Torrens

System, nor against public land EXCEPT where the law expressly so provides

Laches v. Prescription

 Prescription

 concerned w/ the fact of delay

 matter of time

 statutory

 applies inequity

 fixed time

 Laches

 concerned w/ the effect of delay

 principally a question of inequity of permitting a claim to be enforced, this

inequity being founded on some change in the condition of the property or the

relation of the parties

 NOT statutory

 applies at law

 NOT fixed time

a. Acquisitive Prescription

 Prescription (in general)

  mode of acquiring (or losing) ownership and real rights through lapse of time

in the manner and under conditions laid down by law, namely the possession be

in the concept of an owner, public, peaceful, uninterrupted and adverse

 Ordinary prescription - requires possession in GF + just title/color of title

(defective title) for 10 year

 Example of color title: donation propter nuptias w/c is void for failure to

comply w/ formal reqs., could still constitute a legal basis for adverse possession

w/c serves as a basis for claim of ownership

*con justi titulo y buena fe - color of title and good faith

b. Extraordinary Prescription

 ownership and other real rights over immovable property acquired through

uninterrupted adverse possession thereof for 30 years w/o need of title or of GF

Prescription in favor of co-owner

 GR: Prescription does NOT in favor of a co-owner

 EX: As long as he expressly or impliedly recognizes the co-ownership, it may take

place where it is clearly shown that the co-owner has repudiated the co-

ownership, and that the other co-owners were appraised of the repudiation

Co-ownership

 Art. 484 Civil Code: There is co-ownership whenever the ownership of an

undivided thing or right belongs to different persons

 Art. 1623 Civil Code: The right of legal pre-emption or redemption shall NOT be

exercised EXCEPT w/in 30 days from the notice in writing by the prospective

vendor, or by the vendor, as the case may be. The Deed of Sale shall NOT be

recorded in the Registry of Property UNLESS accompanied by an affidavit of the

vendor that he has given written notice thereof to all possible redemptioners

The right of redemption of co-owners EXCLUDES that of adjoining owners

  Where there are several co-owners and some of them die, the heirs of those who

die, w/ respect to the part belonging to the deceased, become also co-owners of

the property together w/ those who survive (Cid v. Peralta)

 Co-owners w/ actual notice of the sale are NOT entitled to written notice

 Possesion of co-owner CANNOT ripen into ownership

 merely a trustee

 UNLESS: repudiation known to other co-owners and evidence must be clear

and convincing

Termination of Co-ownership (right of pre-emption or redemption) after subdivision

 Art. 493Civil Code: Each co-owner shall have the full ownership of his part and of

the fruits and benefits pertaining thereto, and he may thereto, and he may

therefore alienate, assign or mortgage it, and even substitute another person in

its enjoyment, EXCEPT when personal rights are involved. BUT the effect of the

alienation or the mortgage, w/ respect to the co-ownership shall be limited to the

portion w/c may be allowed to him in the division upon termination of the co-

ownership

 after the physical division of the lot (Del Rosario v. Bansil)

 no co-ownership when the diff. portions owned by diff. people are already

concretely determined and separately identifiable EVEN IF: NOT yet technically

described (Dela Cruz v. Cruz)

 Partition of land need NOT be in writing - NOT legally deemed conveyance of real

property (NOT transfer of property from one to another)

 Valid although executed in an unregistered private document (Kilario v. CA

(2000)
  Since registration serve as constructive notice to other and

for convenience only and does NOT affect the validity or enforceability of the acts

of the parties among themselves.

 Confirmation or ratification of title or right of property that an heir is

renouncing in favor of another heir who accepts and receives the inheritance

(Heirs of Joaquin Teves v. CA)

 NOTE: This is practically done to avoid taxes on other transactions

Effect of Sale of whole property of co-ownership

 affect only his share (NOT co-owners who did NOT consent)

Action to demand for partition - imprescriptibe or CANNOT be barred by laches

 Co-owner may demand anytime the partition of the thing owned in common

Redemption of co-owned property

 Should be with all co-owners (CANNOT claim as exclusive property)

 Redemption from the government: the co-owner who exercises the right of

redemption claimed exclusive ownership and hold it in trust for others

Prescription does NOT run against registered land

 a Torrens title CANNOT be collaterally attacked, the issue on its validity can only

be raised in an action expressly instituted for that purpose (Ong et al v. Sps

Cabuscos (2001))

Fraud in transfer of land = implied trust = right of reconveyance of property wrongfully

obtained

 Act action for reconveyance based on implied/constructive trust ordinarily

prescribes in 10 years from the time of its creation or upon the fraudulent reg. of

the property. (NOT applicable for trust)

  only applies when the person enforcing the trust is NOT in possession of the

property

 possession must be attacked before one can take action

 BUT when the right of the true and real owner is recognized, expressly or

implicitly such as when he remains undisturbed in his possession = Quieting of

title - imprescriptible

 Failure and intentional omission to disclose the fact of actual physical possession

by another person during reg. proceeding = actual fraud

 Cert. of title

 merely confirm or record title already existing and CANNOT be used to

protect a usurper from the true owner or be used as a shield for the commission

of fraud (Esquivas v. CA)

 evidence of indefeasible and incontrovertible title in favor of the person

named

 Upon the lapse of 1 year from the issuance of the orig. cert. of title, his title

already became indefeasible and can NO longer be controversial

Trust

 legal relationship bet:

 person having equitable ownership in property

 person owning the legal title

 characteristics:

1. relationship

 of fiduciary in char.

 w/ respect to property (NOT one involving merely personal)

 2. involves the existence of equitable duties imposed upon the holder of title to the

prop, to deal w/ it for the benefit of another

3. arises as a result of a manifestation of intention to create the relationship

 either:

1. Express Trust - created by the intention of the trustor or of the parties

2. Implied Trust - comes into by operation of the law either through implication of

an intention to create a trust as a matter of law or through the imposition of the trust

irrespective of, and even contrary to any such intention

 right, enforceable solely in equity, to the beneficial enjoyment of the property, the

legal title to w/c is vested in another and is further subdivided into:

1. resulting trust - by implication of law and presumed have to have

been contemplated

 Art 1448 NCC -purchase money resulting trust

 However, if the person to whom the title is conveyed is a child, legitimate or

illegitimate, of one paying the price of sale, no trust is implied by law, it being

disputably presumed that there is a gift in favor of the child

 essential reqs:

 actual payment of money, property or services, or an equivalent

consisting valuable consideration

 consideration must be furnished by the alleged beneficiary of a

resulting trust

2. constructive trust - by construction of or arising by operation of law (Ramos v.

CA)

 EX to implied trust:
  if the beenficiary is the child of the one who paid

 actual contrary intention is proved

 Burden of proof: party asserting its existence

3. Title by accretion

 Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion

which they gradually receive from the effects of the current of the waters.

 elements:

 accumulated of soil or sediment must be gradual and imperceptible

 result of the actions of the waters of the river

 land where the accretion takes place is adjacent to the bank of the

river

 When soil and earth, weeds and other deposits are washed away from other places

and gradually settle down and attach themselves to one's land that used to

border on a stream or local body of water, the owner of this land becomes the

owner of the additional area

 NOT applicable if

 caused by action of the sea being a mere indention of the same (part

of public domain)

 adjoining a pond or lagoon w/ respect to a land left dry

 erosion (NOT protected by State)

 man-made accretion

 island should spring up in the midst of a stream or river

 dumping saw dust (public domain)

  all deposits caused by human intervention

 Presumptin: change was gradual and caused by accretion

Accretion v. Alluvium v. Accession

 Accretion = act; process whereby the soil is deposited

 Alluvium - deposit itself; soild deposited on the estate fronting the river bank

 Accession - right of the owner of the principal thing to all that it may produce or

that may be united to it, whether naturally or artificially, under the theory that

the accessory follows the principal

4. Title by reclamation

 filling of submerged land by deliberate act and reclaiming title thereto

 GR: only gov't can assert title to reclaimed land

 EX: no longer necessary for public use

5. Title by voluntary transfer

 legal title to the land does NOT pass until the conveyance shall have been duly

registered or made of public record.

6. Title by involuntary alienation

 Land is forcefully acquired by State through:

 exercise of eminent domain

 escheat

 forfeiture

 confiscated

 seized

 attached
7. Title by descent or devise

 acquired by virtue of hereditary succession to the estate of the deceased owner

 Heir v. Devise

 Heir - certain degree or relationship with the decent (may be extra judicial)

 Devise - need NOT be in favor of a relative

8. Title by emancipation patent or grant

 Comprehensive Agrarian Reform Program (CARP)

 welfare of the landless farmers will receive the highest consideration to

promote social justice and to move the nation toward sound rural development

and industrialization

 NOT transferable (Sec. 106 PD 1529)

Recording NOT indispensible to prove ownership

1. possession (actual or symbolic) in GF

2. Oldest title w/ GF