How to Register Untitled Land in the Philippines?
Each new parcel of land or piece of property must be registered with the land registration authority. If not, land ownership issues and penalties could develop. A legitimate owner of real estate is considered to be superior to one who neglects and abandons it. In other words, when a piece of land is not publicly recorded someone can take land or property that has already belonged to others.
What Distinguishes Registered from Unregistered Land?
A registered land refers to a piece of property with a title attached to it. The Registry of Deeds has it listed. In contrast, unregistered land does not have a legal owner and is not listed in the Registry of Deeds.
When registering untitled lands, it’s important to keep the following in mind:
- Not all lands have the ability to be registered. Examples of these include previously titled lands, mineral lands, and forest reserves.
- Registration can be verified by the Certificate of Title. They do not actually constitute the land title. They are (1) free from liens and encumbrances, (2) indisputable and unassailable, and (3) assumed to be true and without errors.
How to Register Unregistered Land in Two Ways
In order to do this, a petition for the original registration of title for a piece of property without a title must be filed in court. Along with meeting all other standards set forth by the court, the claimant must be able to provide evidence of land possession.
The court will direct the Land Registration Authority to issue a decree of registration and the appropriate original certificate of title, which will be registered with the Registry of Deeds, once the petition has been decided.
The Department of Environment and Natural Resources and other organizations with the power to grant public land titles are involved in this procedure. The claimant may visit the DENR and submit a patent application.
A patent title having the same purpose as a Torrens title is awarded and registered with the registrar’s offices after the application has undergone a comprehensive screening process and has been judged to be worthy.
What are the Expenses of Land Registration?
These are the costs associated with securing untitled land and registering it:
- Fees for applications or registration fees
- Application fees technical description
- The land survey or assessment fees
- Land Legal Fees or Court costs
- Other administrative fees
Who Can Apply for Land Title Registration for both registered and unregistered land?
The following individuals are granted the right to apply for initial registration of land title, either personally or through lawfully authorized representatives, according to Section 14 of the Property Registration Decree or PD1529.
- Those who, either directly or through predecessors-in-interest, have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable public domain lands under a genuine claim of ownership since June 12, 1945, or earlier.
- Those who have acquired ownership of private lands through prescription under existing laws.
- Those who have acquired ownership of private lands or abandoned riverbeds through the existing laws of accession or accretion.
- Those who have acquired land ownership in any other way permitted by law.
What Are the Basic Land Title Registration Requirements?
- The original deed/instrument. If the original document cannot be presented, the owner’s duplicate original or certified true copy must be presented, along with a sworn affidavit signed by the interested party explaining why the original document cannot be presented.
- A certified copy of the property’s most latest Tax Declaration or transfer tax receipt or capital gains tax, if you will eventually sell the property.
- If the property is titled, the owner’s copy of the certificate of title, as well as all issued co-owners’ copies, if any. In the Philippines, a certificate of title is defined as the true copy of the decree of registration or its transcription, and it must be signed by the Administrator of the Land Registration Authority (LRA). In other words, a certificate of title is a transcript of the Register of Deeds’ decree of registration.
How Do I Apply in the Philippines for Land Title?
How to apply for a land title in the Philippines should be at the top of your must-know list when purchasing a home. Fortunately, the Land Registration Authority (LRA) has significantly shortened and streamlined its land titling process, making it simple to remember, with its agency-wide computerization program now in place. You can complete the steps with a single visit to any register of deeds (RD) office in the country.
The following are the basic steps for applying for land titling in the Philippines:
- Submit the conveyance instrument and all supporting documentation to the RD’s entry clerk. To confirm receipt of the conveyance instrument and supporting documents, the applicant will be given an electronic primary entry book (EPEB) number.
- Pay the applicable fees through authorized agent bank. The documents will be turned over to the examiner, who will check to see if all of the requirements have been met before the information is encoded.
- The RD approves the applicant if all of the requirements are met.
- Finally, a new land title will be printed and issued to the applicant.
Take note that land registration process differ in every country or state. Also, if you will acquire a land or property through a Government housing projects you don’t have to file anything. You just have to submit requirements for eligibility with thegovernment agency involvedin the project. They will be responsible for the transfer of title. Patents or grants.
How long does it take in the Philippines to process land titles?
Depending on how many buyers apply for the same process with the Bureau of Internal Revenue and Registry of Deeds, the process could take months. Because of this, it’s critical to start the process off right by submitting all the necessary paperwork.
All things considered, it is crucial to seek competent advice while addressing the legal issues pertaining to one’s properties. When it comes to important issues like these, it is always better to be safe than sorry because you might end up saving yourself from a ton of trouble down the road.
Is claiming unregistered land possible?
If you own land and do not have a Registered Title you can make an application to the Registrar of Titles to have the land registered. To apply to register your land the following documents must be submitted: An Application form prescribed by the Registration of Titles Act and signed by the applicant.