Q and A on Land Title

What entitles a person to legally own a parcel of land is the Certificate of Title or simply known as Title. The Title is also is also known as the Torrens Title, a name taken from the Torrens System of Land Registration.

A Certificate of Title includes other documents such as Tax Declarations, Real Property Tax Receipts, Deed of Sale, and the Title itself. The Land Title is the best form of evidence of land ownership.

The following questions and their corresponding answers will help a property owner know more about his legal evidence of real estate ownership.

Question: How can a person acquire a Land Title?

Answer: A Title can be legally transferred from the seller of a property to the prospective buyer by executing a document called Deed of Sale. Afterwards, the Deed of Sale should be taken to the Registry of Deeds to be officially recorded. This is also called the Transfer Certificate of Title.

Likewise, when no title has yet been issued over a parcel of land, a Certificate of Title can be acquired through:

1. Judicial Proceedings – A petition for registration should be filed in Court.

2. Administrative Proceedings – An application for patent should be filed in an Administrative body such as the Department of Environment and Natural Resources (DENR). The registration of this patent becomes the basis for issuance of the Original Certificate of Title by the Register of Deeds.

Question: Can a foreigner have the Certificate of Title in his name?

Answer: No.

Question: Are there lands with no Certificate of Title yet?

Answer: Yes. These are public lands such as the Alienable or Disposable lands (Agricultural lands to which a Title can be issued) and the Non-Alienable lands (mineral lands, national parks, and timber or forest lands to which a Title cannot be issued.)