Beruflich Dokumente
Kultur Dokumente
Module 1
2. Define :
land title
deeds
fee simple
3. Differentiate/distinguish:
possession vs ownership
registration vs recording
5. What are the three stages of development of legal systems of transferring titles?
What is the system that is identical to the system we have in the Philippines?
8. What is the object of registration under the existing land registration laws?
9. What are the modes of acquiring titles to land? Describe them briefly
a. Art. 414
b. Art. 457
c. Art. 461
d. Art. 1544
LAND TITLES AND DEEDS FISCAL ROMA ORTIZ
Here in the country, the history of land law is one of slow growth and development and
is considered as one of the most conservative, as illustrated by our own Land Registration
Act which was enacted in 1902 but has retained its original features therein.
2. Definitions:
a. Land Title – refers to that which ownership is based upon. It is the evidence of
the right of the owner or the extent of his interest, by which means he can
maintain control and as a rule assert right to exclusive possession and enjoyment
of the property.
b. Estate in Fee Simple – is regarded as having the title as an absolute owner, and as
such he can exercise full powers of disposition over his land, with complete
freedom from controls by third persons, and subject only to legislative and
constitutional powers of the State.
3. Differentiate:
e. Possession signifies the outward evidence of title, but is not necessarily the title
itself, while Ownership is holding the actual title of the property under claimant’s
own name.
f. Title is the evidence of the right of the owner; Color of Title on the other hand
falls short of title in the legal sense for it only gives a semblance or appearance of
the real title; Estate, then, is merely a representation of the nature, extent, degree
and quantity of a person’s interest in land.
g. In Registration, the state provides a public record of the title itself upon which
prospective purchaser or someone else interested may rely. Recording on the
other hand, provides the recording of deeds of conveyance and other instruments,
without guaranteeing the title, leaving 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.
h. Real property includes not only the land but also the buildings and improvements
existing thereon. Personal property, then, may well be an improvement on this
land or buildings, provided they are movable without damaging said property.
ii. Fee tail – designed to pass title from grantee to his heirs, the intent of the
grantor being to keep the property in grantee’s line of issue
iii. Life estate – one held for the duration of the life of the grantee
j. The less-than-freehold estate – signifies some sort of a right short of title
ii. Tenancy from period to period – in nature of a lease which may run
from month to month or fro year to year, with the peculiarity of
automatic renewal from time to time, unless expressly terminated by
either party
k. 1st System – consists in the production and delivery of the deed and other title
papers by the grantor to the grantee, a process of transfer complete in itself,
without need of further registration or recording;
* The 3rd System is identical with the Philippine system, otherwise known as the
Torrens System, originating from Australia.
o. The Torrens System – the rights acquired by the registrant are guaranteed by the
government for which purpose there is provided an assurance fund which is made
available to pay for damages that may be suffered by the registrant as a
consequence of the operation of the Land Registration Act.;
p. The system of recording for unregistered lands – governed by Section 194 of the
Revised Administrative Code. As amended by Act 3344, which provides for the
registration or recording of transactions, affecting unregistered lands; does not
afford the registrant an absolute protection inasmuch as by express provision of
Act3344, any right recorded thereunder shall yield to any 3rd party/person with
better right.
7. Purposes of Registration:
q. To afford some means of publicity so that persons dealing with real property may
search the records and thereby acquire security against instruments the execution
of which has not been revealed; since the system maintains a permanent records
of landholdings, in order to prevent fraudulent claims to lands by concealment of
transfers, it imparts a constructive notice to such persons only as would have been
entitled to protection against conveyance in case it had not been recorded;
r. To notify and protect the interests of strangers to a given transaction, who may be
ignorant thereof, but the non-registration of the deed evidencing such transaction
does not relieve the parties thereto of their obligations thereunder
8. Object of Registration – Only real property or real rights may be object of registration
under the existing land registration laws.
t. By prescription – a possessor of land who may not be owner, after the lapse of a
certain period prescribed in the law may assert ownership thereof as against
anyone except the true owner or one with a better title, based on an earlier
possession which he had not abandoned;
u. By accretion – 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 thus formed by accretion; it is essential
that the land where the accretion occurred be adjacent to the banks of rivers, and
that the accretion is due to the gradual action of the current of the rivers;
w. By voluntary transfer – a private grant is the usual means by which title to land is
transferred by the owner himself or his duly authorized representative; through
voluntary execution of a deed of conveyance in certain prescribed form,
completed by the recording or registration thereof in a public office;
a. Article 414 –
All things which are or may be the object of appropriation are considered either:
(1) Immovable or real property; or
(2) Movable or personal property.
b. Article 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.
c. Article 461 –
River beds which are abandoned through the natural change in the course of the
waters ipso facto belong to the owners whose lands are occupied by the new course in
proportion to the area lost. However, the owners of the lands adjoining the old bed shall
have the right to acquire the same by paying the value thereof, which value shall not
exceed the value of the area occupied by the new bed.
d. Article 1544 –
If the same thing should have been sold to different vendees, the ownership 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 who
presents the oldest title, provided there is good faith.