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What are the evidence or proof of ownership over a parcel of land? |
The best evidence of ownership is the certificate of title duly issued by
the Register of Deeds concerned. However, in the absence of a title,
tax
declaration coupled by actual possession and existence of improvement
also substantiate claim for ownership.
| What is a TITLE? |
A title refers to the legal right to own a property and the certificate of
title is the document which confers such rught of ownership to an individual,
association or corporation.
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How can one acquire TITLE? |
For original registration, when no title has yet been issued over a parcel
of land, it can be acquired either by:
- Judicial proceedings - by filing petition for registration in Court.
- Administrative proceedings - filing an appropriate application for
patent (e.g. homestead) in the Administrative body (DENR) and
registration of this patent becomes the basis for issuance of the
Original Certificate of Title by the Register of Deeds.
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In subsequent registration of Title, what are necessary to effect the same? |
Transfer of title is effected by executing a document such as deed
of sale wherein the registered owner (seller) transfer the ownership to a
buyer. The capital gains tax and other taxes must be paid before clearance
can be secured from the BIR. this will be submitted to the Register of
Deeds concerned, together with the title which will be surrendered for
issuance of a new title in the name of the buyer.
Subsequent registration of title is a function and jurisdiction of the
Register of Deeds under the LRA as the land involved is already a private
property outside the jurisdiction of the DENR.
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In case the registered owner dies, How can ownership be transferred to the heirs? |
When a registered owner died without leaving a last will and testament,
the heirs can transfer the title to themselves by executing an extra-judicial
settlement of the estate, on condition that the heirs are in agreement of how to
dispose the properties. If there is conflict and heirs can
not agree, they should
bring a case before the court which will make a decision for them.
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Is possession the same as ownership? Who are informal settlers?? |
No. Possession means actual and exclusive control of property by physical
occupation and this could be in good faith or in bad faith. On the other hand,
ownership implies the legal right of possession, control and enjoyment by the
owner who has established evidence that
he owns the property.
Informal settlers are those in possession of land without the benefit of a title
and without consent of the owner. Their possession is not permanent and has no
legal basis for occupation. The possessor must strive to acquire title to the land
before his possession can become permanent.
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In cases where there are conflicting claims, who shall have a better right? |
In cases where both claimants have no title, there are many factors to
consider
like actual possession. The one who occupies the land especially in good faith
has
better right as against someone with doubtful documents or has recently acquired
rights without knowledge of the one in possession.
However, all factors must be
fully evaluated to determine preferential rights.
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