Reviewer in Land Titles and Deeds Prof. Dan Gatmaytan Reviewer in Land Titles and Deeds Based on the class outline, lecture notes and rantings of Prof. Land Titles and Deeds Bar Reviewer Law Books by Rex Book Store. LAND TITLES AND DEEDS REVIEWER AUSL 1st Sem., SY Atty. LAND REGISTRATION is a judicial or administrative proceeding whereby a person's claim over a particular land is determined and confirmed or recognized so that such land and the ownership thereof may be recorded in a public registry.
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CA EX to implied trust: Title by accretion Art. 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.
Title by reclamation filling of submerged land by deliberate act and reclaiming title thereto GR: 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.
Title by involuntary alienation Land is forcefully acquired by State through: But before D finally acquired land titles and deeds reviewer property, he became aware of the fact that there was some trouble or pending litigation involving the same property between A and B, the information having been relayed to him by the tenant of the place.
From these facts two questions have been raised, land titles and deeds reviewer With respect land titles and deeds reviewer the fi rst question, it was held that D is still a purchaser in good faith, notwithstanding his knowledge of the pending litigation, because of the fact that C from whom he bought the property was not a party to the litigation.
LEGIS and ME: Finals Reviewer in Land Titles and Deeds
D stepped only into the shoes of C, a previous purchaser in good faith, and thereby he became entitled to land titles and deeds reviewer the defenses available to C, including those arising from the acquisition of the property in good faith and for value.
With respect to the second question, it was held that C acquired valid title to the property, in view of Article of the Civil Code providing that registration in the Registry of the real property the ownership of which is claimed by different persons shall have the effect of transferring ownership thereof to the party who, in good faith, fi rst recorded land titles and deeds reviewer in the Registry of Property.
Sale by co-owners Under Article of the Civil Code, the owner of an undivided interest in the property has the right to freely sell and dispose of only his rights, participation and interest in an undivided property held in common with others, but has no right to sell a specifi c part, by metes and bounds, of the property.
The sale or other disposition can affect only his undivided share, and the transferee gets only what corresponds to his grantor in the property owned in common. Registration of sale with right of legal redemption right of legal pre-emption or redemption that may be exercised within thirty days from the date of written notice by the vendor.
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Torrens title not subject to land titles and deeds reviewer. No title to registered land in derogation to that of the registered owner shall be acquired by prescription or adverse possession.
Right to recover possession equally imprescriptible. To a registered owner under the Torrens system, the right to recover possession of the registered property is equally imprescriptible, since possession is a mere consequence of ownership.
Evidentiary value of certifi cate of title A certifi cate of title is conclusive evidence with respect to the ownership of the land described therein, and other matters which can be litigated and decided in land registration proceedings. Torrens title not subject to collateral attack. Torrens title can be attacked only for fraud, within one year after the date of the issuance of the decree of registration.
Such attack must be direct, and not by a collateral proceeding The title represented by the certificate cannot land titles and deeds reviewer changed, altered, modified, enlarged, or diminished in a collateral proceeding.
The Register of Deeds is in duty bound to perform it. We believe that is a reasonable and practical interpretation of the law under consideration — a construction which would lead to no inconsistency and injustice.
If the grantee is a corporation or association, the deed must show that such corporation or association has the requirements land titles and deeds reviewer by existing law for acquiring public land, in case the land sold or conveyed was originally public land.
This latter requirement may be expressed in the deed by means of a statement to the effect that such corporation or association has at least sixty 60 percent of its capital belonging to Filipinos.
Register of Deeds not land titles and deeds reviewer to determine whether or not fraud was committed in the deed sought to be registered.
The requirements for deeds and other voluntary instruments of conveyance to be registrable there under are specified in the law, thus: Sales of Land to Aliens Krivenko vs. Register of Deeds of Manila held that aliens are not allowed to acquire ownership of urban or residential lands in the Philippines, and as a consequence, all acquisitions made in contravention of the prohibition since the fundamental law became effective are null and void per se and ab initio.
The local government cannot impose additional requirements; and for a chartered city to add new requirements land titles and deeds reviewer registration not otherwise provided by statutory law in the matter is tantamount to amending or modifying the law, a power land titles and deeds reviewer is not vested in such a chartered city.
This commonly occurs in the case of pacto de retro sales.