Having your own home is the foremost aspiration most Filipinos look forward to, but there is an aspect that comes after purchasing a property that should not be overlooked—having proper knowledge with the legal proceedings needed to avoid getting duped by unreliable people in the near future.
No need to worry, though, because Lamudi is here to save you from the trouble of going into the business without at least some background knowledge about the necessary information.
Here are some of the most commonly asked questions about land titles and land registration:
What is a land title?
A land title is the evidence of the right of the owner or the extent of his/her interest, and by which means he/she can maintain control and as a rule assert right to exclusive possession and enjoyment of the property.
Is a land title different from a deed?
Yes, a deed refers to a written document executed in accordance with law, wherein a person grants or conveys to another a certain land?
How do I know if the land title is real and clean?
Firstly, and most obviously, one must check the quality of the paper used. The forms used in property titles are exclusively printed by the Bangko Sentral ng Pilipinas. The judicial form uses a type of paper which contains various security features, with the paper made out of 50% cotton and 50% chemical wood pulp with colored fibers. The paper has a similar texture to a bank check. Fake title forms typically use material similar to cartolina or paper of inferior quality.
The easiest way is through the sale and by executing a document called a Deed of Sale, which shows the legal transfer of title from the name of the seller to the buyer. The Deed of Sale is then taken to the Registry of Deed to be officially recorded. This type of title is also called Transfer Certificate of Title.
What is land registration?
Land registration is the process wherein the state provides a public record of the land title itself upon which a prospective purchaser or someone else interested may rely on.
What are the basic requirements for registration?
- Original of the deed/instrument. If the original document cannot be presented, the duplicate original or certified true copy shall be presented together with a sworn affidavit executed by the interested party stating why the original document cannot be submitted.
- Certified copy of the latest Tax Declaration of the property.
- If titled property, owner’s copy of the certificate of title, and all issued co-owner’s copy, if any.
Can land titling be done online?
Yes! With its agency-wide computerization program now in place, the Land Registration Authority (LRA) has significantly shortened its land titling process to just five easy steps which can be taken in a single visit to any register of deeds (RD) office anywhere in the country. The agency has streamlined the processing and issuance of land titles. Here are the simple steps in applying for a title to a property:
- Submit the conveyance instrument and all supporting documents to the entry clerk at the RD. The applicant will receive an electronic primary entry book (EPEB) number, to confirm receipt of the conveyance instrument and supporting documents.
- Pay the corresponding fees.
- The documents will be turned over the examiner who will check if all the requirements have been met, after which the information would be encoded.
- If the requirements are complete, the RD approves the applicant.
- A new land title will finally be printed and issued to the applicant.
All things considered, though, it is important that one consults a professional when fixing the legal proceedings of one’s properties. Better to be safe than sorry, of course when it comes to serious matters like this that could mean saving yourself from a boat-load of hassle in the future!