Professional Documents
Culture Documents
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
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
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:
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)
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
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:
. Delivery of Deed
.
. With recording
.
. With registration
.
Registration > Recording
-w/o guarantee from the State
Registration
merely species of notice
State provides a public record of the title itself upon w/c a prospective
purchaser or someone else interested may rely
Recording
Systems of registration
. System under the Spanish Mortgage Law -abolished by PD 892 (Feb 16 1976)
.
. 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
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
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
Subsequent Reg.
Whether:
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
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
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
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
matter of time
statutory
applies inequity
fixed time
Laches
NOT statutory
applies at law
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
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
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
Co-owners w/ actual notice of the sale are NOT entitled to written notice
merely a trustee
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)
Redemption from the government: the co-owner who exercises the right of
redemption claimed exclusive ownership and hold it in trust for others
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))
only applies when the person enforcing the trust is NOT in possession
of the property
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
Cert. of title
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:
characteristics:
. relationship
.
of fiduciary in char.
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
. resulting trust - by implication of law and presumed have to have been contemplated
.
Art 1448 NCC -purchase money resulting trust
essential reqs:
EX to implied trust:
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
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
man-made accretion
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
escheat
forfeiture
confiscated
seized
attached
Heir v. Devise