Questions On Land Title
Title is a generic term that refers to the legal evidence of ownership one has over a property. It includes such documents as Tax Declarations, Real Property Tax Receipts, Deeds of Sale, and the Torrens Title. What we normally think of as title is actually a Certificate of Title also known as the Torrens Title, which results from the Torrens System of Land Registration. The Certificate of Title is the best form of evidence of land ownership.
The following are some of the most commonly encountered questions on Land Title and/or Land ownership in the Philippines.
1. How can one acquire Land Title?
The easiest is through sale and by executing a document called 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.
When no title has yet been issued over a parcel of land, Title it can be acquired either through:
- Judicial proceedings - by filing a petition for registration in Court
- Administrative proceedings – by a 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.
2. Are there lands with no Land Certificate of Title yet?
Yes and they are called public lands and include the following:
- Alienable or disposable (A & D Lands) - those that can be acquired or issued title. The Philippines Constitution provides that only agricultural lands can be disposed of to private citizens.
- Non-alienable lands - includes timber or forest lands, mineral lands, national parks. No title can be issued over any portion within this area.
3. Can a foreigner have the Land Title in his/her name?
Unfortunately, the answer is “No”! Land Title can only be put in the name of a Filipino or a Corporation with at least 60% Filipino ownership. As a foreigner, it would be helpful to be aware of this limitation on your right of owning Land in the Philippines. Please refer to the article that discusses land ownership in the Philippines made especially to the foreigners.
Can you tell me if a dual citezen have the Land Title in his/her name?
Thanks
Jenny
Hi Jenny,
Yes that is allowed provided one of the citizens is that of a Filipino. There a few limitations, though. Please refer to the other article also on Philippine Citizenship Issues and Land Ownership.
what are the other types of tittle other than the “original certificate of tittle” from the DENR?.is there other p[rocedures of application rather than the court and in the DENR?
I wanted to buy a land ( agricultural) but like to put the title under my brother and sister, can I do this?
Yes indeed that is possible if your brother and sister are Filipinos.
Hi, we purchased a farm land thru real estate and we wanted to know the step-by-step procedures on how to transfer the title and what are the requirements needed and how long will it take to process the transfer of title? Your help will be much appreciated.
I’m trying to sell property in Manila. Why is the real estate agent asking for the title of the property? Thanks.
Hi, how about if I purchase only a part of a land? How do I go about applying for the title of the part of land that I bought?
Thanks a lot and I will appreciate your guidance.
Hi! How can I check if the title of the house and lot I am buying is authentic? and that the said property is not mortgaged, or have multiple owners as some cases do?
Rain,
You can always get a Title Verification from the Registry of Deeds.
HI there! My husband and I bought a parcel of land last year of august. The owner said that he has a title already but its for the BIG land, meaning, we have to separate the title of the parcel of land that we bought. How can we go and get a title for our part? His own title was just released 3 years ago. How long will it take and how much will it cost for us to get our own title? What proceedings do we have to partake? He said that he will give us a deed of sale this year but we can only get a title after 4 years w/c is unacceptable. Need help… Thanks.
Are All Residential land freehold status?
Can House and lot in a sub division be used for operating a learning center?
Ivan,
It depends on the subdivision. It helps if you also observe the local Zoning Laws and Restrictions of the subdivision.
Hi, how about if I purchase only a part of a big land? How do I go about applying for the title of that part of land that I bought?
Thanks a lot and I will appreciate your guidance.
hi can someone post a total cost for a buying house and lot? as in all processing & documentation fee.. i am buying now but dont know how much would it cost to process the transfer of title & where to go…
A applies for a homestead application. The lot applied by A, was being disposed and sold to B and other individual. Under the homestead law, Does A lost his rights to owned the lots? Also does A can apply for a Miscellaneous Sales Application? Please give your comment
Hi
My parents land have no title of deeds, only tax declaration, the portion of the land have 5 different owners who also have no title of deeds, my parents would like to have a deed of their own land, as every year the bill for the tax rate (buhis) is sent to them and it looks like they are the one responsible of paying the tax. They want to separate it with the others. How can they go about fixing it? YOur help is very much appreciated.
Tess Williams
if the land we purchased is not titled but only covered by a tax declaration, can i resell it if it is declared as timber land?
Hello,
There’s a seller of farmland who has an OCT and with homestead patent given by the DENR in 1998. The current owner intend to sell this land. May I know what are the basics that I need to know before pursuing this deal? Looking forward to your advise.
DM
My husband grandparents own a lot of land in philippines. They are American citizens but the titles still on their decease grand parents. His father is still alive but does’nt care on the property.
How can he put all the powers and athourity to the land since they are american citizen.
Hi. My dad and his brother inherit a land from their mom. We occupy approximately 3/4 of the land because it was given to him. And added to that it is my father who is paying the tax for the whole property. Now since my dad is getting older, as children we want to have a land title of our own named after my siblings. My question is do we need a signature from the brother? Can we get a land title of our own if he will not sign altho the original title is with us? Can they demand a 50 50 portion of the land eventhough we are the one paying the taxes and all?
Please can you help,We bought a property in Cavite 3 years ago, it’s a ditached house in two plots. The land registry have given us title deeds to one plot and the house, but the would not release the other plot as they would not believe us that there no other house on the other plot , we ask them to come and inspect it if they wish, we even have a lettter from the municipal hall stating that there is only one house in this two plots submitted to them,its been twelve months now this is going on, my relative is going back to land registry every few weeks for twelve months and no result, we don’t know what to do now, please help
can anybody just applies for ownership of any public land at the DENR and have it titled under his/her name?
i HAVE A PROPERTY IN DAET THAT HAS NO TITLE, ONLY A TAX DECLARATION. i HAVE HAD IT SURVEYED BY A GEODETIC ENGINEER AND HAVE ACQUIRED LRA CERTIFICATION FROM DAET, LEGASPI AND MANILA. WHATIS THE NEXT STEP IN ACQUIRING A TITLE FOR THE SAME PROPERTY/ HOW MUCH WOULD IT COST TO SEEK A TITLE TO MY PROPERTY
we have our lot surveyed by a license geodetic engr. and he asked us about sepia. he said that it is one requirement of having our lot titled, when our lot is already titled but not in my deceased father but to the former owner. we have declaration of property documents in our father’s name. my question is, what is Sepia and what is the best way of having our lot titled?
My parents purchase a 2 lots that was year 1990, total lot area was 14.4949 hectares and they have four children until now they still updated paying for taxes. The only problems is no title of land but they already have a Declaration of Land,Deed of Sale and agreement between the previous owner signing by DAR officer that their is no tenants..but we have 16 home owner who temporary live that land..we encounter problems of the land because as we know that the tenants received a title which is Certificate of Land Owner Award from DAR.
Q..How come the CLOA give beneficiaries on the farmers without asking permission to the new owner of the Land? and as I confirm to Landbank of the Philippines that land are still processing they have not completing the requirements yet! no paying happen between the bank and the owners..I haven’t seen any records at register of deeds and BIR. Only my parents who updating paying for..
Last sunday we have scheduled for hearing at the barangay for filling as “COLLECTION” we demand for monthly rentals.,they refuse us no settlement happen..were waiting a certificate of the baranggay captain to issued.
Q..What was our first step to let them know that my parents are the owner of the land..I have a lawyer and were planning to file a case for them..pls. advise us what was good for us to do?
Respectfully Yours,
Hazel
Hi,
My siblings and I (7 children) owned a property (199sqm) in Manila, Philippines, but the title was named only under our two brothers and respective wives and our deceased mother. I was born in the Phils. and I plan to buy the property myself from all my siblings. How would I proceed to buying this property and change the title ownership to myself and my husband (also a Phil born), now both US citizen? Please advise and thanks for your help.
Hi…
My husband and I bought a land last year.
But the owner told us that they need to sell all part of the land first before we can process the title.
He gave us the Deed Of Sale and TAX receipt. But we want it to transfer title already.
(It’s a big land ,we have to separate the title of the land that we bought)
Can you pls help me.
Regarding this and what else do we need to pay.
Thanks ..
hi.We are planning to buy an 8 hectares lot in District 2 in our Region7.The CENRO is doubt if it is timberland.We wanted to know if this is true.
This land has the following:
1)Award cert.from DAR with Tax Dec.
2)deeds of donation(2nd party)
Questions:
If its timberland.What’s the outcome if we buy this.Is the lot is safe from CARL.
What are we going to do or the procedure.
can a title be named to more than one owner?
This is about judicial proceedings (Landwith no titlte) , how long it will take and can you give us lists of lawyers who handles this kind of case?
STAYED FOR 30 YEARS IN A PLACE AND FENCED, WITH TREES HARVESTING FRUITS - MANGOES,SANTOL,CHESA,KAMIAS, NIYOG, ETC.; HOW DO i GO ABOUT APPLYING FOR THE TITLE - CAN YOU HELP ME BE TITLED AMONG MY SIBLINGS (1 BRO. & 5 SISTERS)
Hi Im planing to buy lot in province, but the owner said they owned it with his brothers residing already abroad, but he said he has their consent, can he still transfer the title by himself even do his brothers in abroad?
A parcel of agricultural land will be awarded to our neighbor this year, our house is within that property. We been there since 1947, what is our right? Can the Owner force us to vacate the land? Please help us.
Is there a law in renting for over 12 years in a house which does’nt have land title, despite the owner only have land right. The Owner of the house have multiple houses (roughly 17 houses) in our area which all of his properties is non Titled land.
Hi. What is the basis for calculating the fees for land title under miscellaneous sales and what is the best title to apply for for a residential property?
Same case with Marifil Dizon: I bought a parcel of land last year of Sept 2009. The owner said that he has a title already but its for the BIG land, meaning, we have to separate the title of the parcel of land that we bought. How can we go and get a title for our part? tell now is still in the process, what should I do make it speed the process?
hi i want to buy a land, but i want it to be name after me and my friend, is it possible?what are the steps to do that?
Hi, how much does it cost to apply/acquire for a land title where the land is residential and located in third (class) city? Is it per sq. meter?
What are these fees?
Thank you very much and would appreciate your guidance.
Hi!
My mother bought a House and Lot from a developer 8 years ago and she purchased it thru in-house financing. Now, she just got the title from the developer and was advised to go to BIR and have the house and lot transferred to her name from the developer’s name and pay around 23K. Is this the right procedure? Isn’t the title supposed to be under her name onced paid since she is the buyer?
Thanks a lot and your response is higly appreciated.
May I asks what are the procedure or steps next to the Real Property Certificate to acquire Land Title? Thanks and more power!
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Hi,
Need help. I will be tranfering my father’s (mother still living) TCT to my name, I have 2 siblings. We all agreed to this initiative, however our plan is to make it as a donation. we plan to execute deed of donation. how will this impact to the share of my siblings and mother? how long will it take to process this transfer of title ownership. ty.
what will happen to the land we have in Boracay?
Can we have the land titled??
Thank you.
Hi, my father found out recently that the lot where the house is standing is not his but the title is under his sister. The last time he remembered that the lot was surveyed and first titled was during the declaration of PD 557 by Pres. Marcos in 1974 for barangays to stand on its own. He clearly remembered that when it was surveyed it was where the boundaries or fences are standing. This is around 800 sqm. What was left of him was only 200 sqm which means he lost 600sqm. The adjacent property was his sisters which is also around 800 sqm. Now both lots are titled under his sisters’ name. We have been living on the house in this property since the 60s and the house has been rebuilt so many times (no titles whatsoever available at that time). The adjacent property has no standing house ever since. The said sister is also holding other residential land titles which is exactly on the opposite side of the road (I remember my aunts’ house was standing on that lot with 2 other neighbors estimated total of 1600sqm which displaced the neighbors too). The barangay captain at that time attest that he supervised the survey and could not believe the final outcome why my aunt had amassed so much titles on her name.
How can my father reclaim his rights to the property as my brother is desperate of putting up his own house for his family close to my parents?
The former barangay captain is working with my father. Also, my sister talked to my aunt in Manila but she is not backing down because she is holding that piece of paper called ‘Title’.
Any clarification and guidance will be greatly appreciated.
Beth Fiala
HI there, can I apply for a 676 tourist visa in Australia without a Land title to submit?, my purpose is just to attend the hillsong conference on July for 5 days. pls. advice, thanks a lot!
Hi,
I lost my original certificate of land title about a year ago. Where & How can I acquire a new one? What are the requirements that I need to provide? How long will the process took place?
Thanks for your help…
How about a cheesy real estate joke? If you ever think that no cares if you are alive or dead then just try missing a few house payments.
Hi Ellen,
It’s a long and complicated process. For one, losing a Land Title is not a joke to be taken lightly. And you can’t just acquire one in a snap.
Please visit the Registry of Deeds in your locality.