Civil Law (Land Titles) Memory Aid Ateneo Central Bar Operations 2001
Civil Law (Land Titles) Memory Aid Ateneo Central Bar Operations 2001
Civil Law (Land Titles) Memory Aid Ateneo Central Bar Operations 2001
LAND TITLE
– evidence of right of owner or extent of his interest, by which means he can maintain control and as a rule
assert right to exclusive possession and enjoyment of property
DEED
– instrument in writing which any real estate or interest therein is created, alienated, mortgaged or assigned or
by which title to any real estate may be affected in law or equity1.Grantor2.Grantee3.Words of grant4.Description
of property5.Signature of grantor 6.Witnesses
TYPES OF ESTATES:
REGISTRATION
– guarantees the title
RECORDING
– does not guarantee the title; need to examine other docs
PURPOSE OF REGISTRATION:
ADVANTAGES:
1. Abolishes endless fees
2. Eliminates repeated examination of titles
3. Reduces records enormously
4. Instantly reveals ownership
5. Protects against encumbrances not noted on the Torrens certificate
6. Makes fraud almost impossible
7. It assures
8. Keeps up the system without adding to burden of taxation; beneficiaries of the system pay the fees
9. Eliminates tax titles
10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private title insurance
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12. Makes possible the transfer of titles or of loans within the compass of hours instead of a matter of days
1. Grantor
2. Heirs & devisees
3. Persons with actual notice
1.Those in open, continuous, exclusive, notorious possession of patrimonial property of state under bona fide
claim of ownership since June 12, 1945 or earlier
2.Those who acquired ownership of private land by prescription
3.Those who acquired ownership of private lands by right of accretion
4.Those who acquired ownership in any manner provided for by law
1.PRIVATE LANDS
a. At least 60% Filipino to acquire private land
b. Restricted as to extent reasonably necessary to enable it to carry out purpose which it was created
c. If engaged in agricultural – restricted to 1,024 ha.
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AMENDMENTS ALLOWED & NOT ALLOWED
1.Substantial change in boundaries or increase in area - new technical description necessary – need new
publication & notice
2.Substitution of name of new owner – file motion with court
3.Decrease the area – file motion in court
MUNIMENT OF TITLE
– instruments or written evidences which applicant hold or posses to enable him to substantiate & prove title to
his estate
HEARING
– within 7 days after publication in OG
– – 25 – 90 days from date of order
REQUISITES OF OPPOSITION:
GENERAL DEFAULT
•If no person appears and answers within time prescribed
SPECIAL DEFAULT
•Party appears at initial hearing without having filed an answer and ask court for time to file answer but failed to
do so within period allowed
1. RTC
2. Refer to referee – commissioner
DECREE
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– issued by land registration authority containing technical description of land; issued after finality of
judgment1.Decrees dismissing application2.Decrees of confirmation and registration
•Final after 1 year after decree
•Unless there in innocent purchaser for value
•Subject only to appeal
•Once final, cannot be subject to attack, deemed conclusive against the world3.Put end to litigation4.Purpose of
Torrens system is protected
•Amendment after 1 year is allowed – creation or extinguishment of new rights; inclusion of new owners not
allowed
JUDGMENT
– decision of court constituting its opinion after taking into consideration the evidence submitted
WRIT OF POSSESSION
– order to sheriff to deliver the land to the successful party litigant; no prescription
1.Against loser
2.Against anyone unlawfully & adversely occupying
RES JUDICATA:
1.Former judgment must be final
2.Rendered by court having jurisdiction over subject matter & parties
3.Judgment on merits
4.Identity of parties, subject matter and causes of action
1. MOTION FOR NEW TRIAL - must be brought within 15 days from notice of judgment
a.Fraud, accident, mistake, excusable negligence which ordinary prudence could not have guarded
b.Newly discovered evidence which could not be discovered & produced at trial
c.Evidence insufficient to justify decision, decision is against the law
3. REVIEW OF DECREE OF REGISTRATION – available to party deprived of day in court; became non-party
due to misrepresentation; invoke actual fraud; before expiration of 1 year; specific acts intended to deceive; will
no longer prosper if already transferred to innocent purchaser for value
a.Plaintiff is owner of land registered in name of defendant
b.Registration procured through actual fraud
c.Property has not issued to innocent purchaser for value
d.Action is filed within 1 year after issuance of decree of registration
4 .RELIEF FROM JUDGMENT – 60 days – 6 months after entry of order; available to party to case, FAME; after
judgment; person deprived of right is party to case
5. RECONVEYANCE – action in personam; available so long as property not passed yet to innocent purchaser
for value; bad faith or with notice of defect
6 .RECOVERY FOR DAMAGES
a. Person is wrongfully deprived of his land by registration in name of another – actual or constructive
fraud
b. No negligence on his part
c .Barred/ precluded from bringing an action
d. Action for compensation has not prescribed
TORRENS TITLE
– certificate of ownership issued under the Torrens System of registration by the government through road
naming & declaring owner in fee simple of property described therein free from all liens except those
expressly noted
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PROCESS:
1.Within 15 days from finality of order of judgment directing registration of title – court to order Land registration
Admin to issue decree of registration and certificate of title
3.Administrator to issue decree of registration & original & duplicate of OCT – signed by Administrator, entered &
file decree of registration in LRA
4.Send to Register of Deeds – original & duplicate of title & certificate for entry in his registration book
5.Enter in record book, dated, signed, numbered & sealed – take effect upon date of entry
6.Register of Deeds to send notice to registered owner ready for delivery after payment of fees
7.Register of Deeds shall send duplicate & note on each certificate of title to whom it is issued
2. Subdivision plan – approval of NHA, final approval of LRA, then Register of Deeds to issue memorandum that
streets not to be disposed except by way of donation to govt. shall be effected without approval of NHA
PROCESS OF REGISTRATION:
1. File instrument creating or transferring interest and certificate of title with Register of Deeds
a. Owner’s duplicate
b .Payment of fees & documentary stamp tax
c. Evidence of full payment of real estate tax
d. Document of transfer – 1 copy additional for city/provincial assessor
2 .Register of Deeds shall make a memorandum on the certificate of title, signed by him
3 .Issue TCT
VOLUNTARY DEALINGS
•Need to present title – to record the deed in registry & to make memorandum on title
INVOLUNTARY DEALINGS
•No presentation required; sufficient that annotation in entry book is sufficient
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•Cost borne by vendor
KINDS:
1.Conventional – agreed upon by parties
2.Legal – Created by operation of law
3.Judicial – results from a judgment
4.Equitable – pacto de retro in form but mortgage in essence
ESSENTIAL REQUISITES:
1.Constituted to secure fulfillment of principal obligation
2.Mortgagor be absolute owner of thing mortgaged
3.Person constituting mortgage has free disposal of property
SPECIAL CHARACTERISTICS:
1.Subject matter is realty
2.Real right – attaches to property wherever it is & whoever holds it
3.Accessory – presupposes existence of valid principal obligation; cannot stand alone
4.Indivisibility – even if debt is divisible; mortgage is not
5.Inseparability – mortgage lien is inseparable from property
6.Retention of possession - mortgagor retains possession
SUBJECT MATTER
•Real property plus all its accessions unless contrary is stipulated
•Future property – without legal effect
•Future improvements – deemed included
•Fruits & rents of mortgaged property deemed included
•Continuing credit secured by mortgage valid
FORMS:
1.Private document – void & inexistent
2.Public instrument but not recorded – binding between parties but not 3rd persons without notice
3.Public document & registered – valid & binding to 3rd parties
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•If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to registered owner:
1.Stating that mortgage has been registered
2.Requesting that owner’s duplicate be produced so that memorandum be made thereof
•Owner refuses to comply within reasonable time; Register of Deeds to notify court & court may enter order
requiring owner to produce certificate
4.Discharge
•Execute public document canceling or releasing mortgaged in form prescribed by law
•Present instrument with Register of Deeds where land lies together with owner’s duplicate for
registration
•Memorandum of cancellation is annotated on duplicate & original
PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to mortgagee
FORECLOSURE
1.JUDICIAL
a. Mortgagee to petition in court for foreclosure
b. Court to render order for debtor to pay sum due within 90 days and if not paid from date of service,
property be sold at public auction
c. Notice & Publication
d. Public auction: sale to highest bidder
e. Sheriff to issue certificate confirming judicial foreclosure
f. File with Register of Deeds final decree of court confirming sale
g .Memo entered in certificate of title
h. If right of redemption exist, certificate of title of mortgagor not to be cancelled but memorandum shall
be entered upon the certificate duplicate & original
i. After expiry of 1 year redemption period & no redemption, title is consolidated to new owner
j. Purchaser to be entitled to new certificate of title & memorandum endorsed on mortgage deed
k. If there is redemption, memorandum to be annotated on certificate of title
2.EXTRA-JUDICIAL
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b. Present in Register of Deeds where land lies
c. Memorandum on back of certificate is made
d. After expiration of 1 year of redemption period – title is consolidated if no redemption exercised:
purchaser to file with Register of Deeds the deed of sale & sworn statement attesting to fact that there is
no redemption
e. New certificate of title issued in favor of vendee
f. If redeemed – notice of redemption shall be registered & accomplished by way of memorandum on
proper certificate of title
RIGHT OF REDEMPTION
•Payment of purchase price plus 1% per month plus taxes if paid by purchaser
•To be exercised within 1 year after registration of sale
CHATTEL MORTGAGED
– personal property is registered with Register of Deeds to secure performance of an obligation
DEED OF MORTGAGE:
•Requires only description to enable parties & other persons to identify the subject matter
EFFECT OF REGISTRATION:
1.Creates a lien – attaches to the property whoever holds it; binding on subsequent purchasers
2.Constructive notice
ASSIGNMENT OF MORTGAGE
•No need to be registered, permissive only & not mandatory
FORECLOSURE OF MORTGAGE
•The must first be non-payment & at least 30 days have elapsed since then
•Alternatives:
1.Judicial
2.Extra-judicial – only if there is stipulation/authority
PROCEDURE IN FORECLOSURE
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1.Notice posted for 10 days in at least 2 public places in municipality where property is to be sold designating the
time, place and purpose of sale
2.Mortgagor is notified in writing at least 10 days before sale
3.Public auction
4.30 days after sale, officer makes a return & file with Register of Deeds where mortgage has been recorded
5.Officer’s return operates as a discharge of the lien created by the mortgage
6.Proceeds to be applied:
a. Cost of sale
b. Amount of obligation
c. Subsequent mortgages
d. Balance – mortgagor
LEASE
– one of parties deliver possession of property to another who is obliged to pay rent for use of such property
REGISTRATION OF LEASE
1.File with Register of Deeds the instrument creating lease together with Owner’s Duplicate of certificate of title
2.Register of Deeds to register by way of memorandum upon certificate of title
3.No new certificate shall be issued
EFFECT OF REGISTRATION:
1.Creates a real right but without prejudice to rights of 3rd persons
2.If not registered – valid as between parties but not to 3rd persons without notice
TRUST
– obligation of a person to whom legal title to property is transferred to hold the property according to confidence
reposed in him
2 KINDS:
1.Expressed – need to be in writing; cannot be proved by parole evidence
2.Implied – exist by operation of law; can be proved by parole evidence
a.Property is bought but paid by another party
b.Donation is made but donee have no beneficial interest thereon
c.Price of sale of property is loaned & conveyance is made to lender to secure fulfillment of loan
d.Land passes by succession to a person but legal title is put in another’s name
e.2 persons purchase property but placed only in one’s name
f.Guardian uses funds of ward to buy property
g.Property is acquired thru mistake or fraud
POWER OF ATTORNEY
– authority granted to a person to dispose one’s property
REGISTRATION OF TRUST
1.Sworn statement claiming interest by reason of an implied trust with description of land & reference to number
of certificate shall be registered in Register of Deeds
2.Provided not prohibited to do so by instrument creating the trust
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APPOINTMENT OF TRUSTEE BY COURT
•Certified copy of decree shall be presented to Register of Deeds & surrender duplicate certificate
•Cancel duplicate & new certificate shall be entered by Register of Deeds
INVOLUNTARY DEALINGS
– transactions affecting land in which cooperation of registered owner is not needed: it may even be against his
will
ATTACHMENT
•A writ issued at the institution or during progress of an action commanding the sheriff to attach the property,
rights, credits or effects of the defendant to satisfy demands of the plaintiff
•Kinds:
a .Preliminary
b. Garnishment
c. Levy on execution
1.EXECUTION SALE
•To enforce a lien of any description on registered land, any execution or affidavit to enforce such lien shall be
filed with Register of Deeds where land lies
•Register in registration book & memorandum upon proper certificate of title as adverse claim or as an
encumbrance
•To determine preferential rights between 2 liens: priority of registration of attachment
2.TAX SALE
•Sale of land for collection of delinquent taxes and penalties due the government
•In personam (all persons interested shall be notified so that they are given opportunity to be heard)
•Notice to be given to delinquent tax payer at last known address
•Publication of notice must also be made in English, Spanish & local dialect & posted in a public & conspicuous
place in place wherein property is situated & at main entrance of provincial building
•Sale cannot affect rights of other lien holders unless given right to defend their rights: due process must be
strictly observed
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•Tax lien superior to attachment
•No need to register tax lien because it is automatically registered once the tax accrues
•But sale of registered land to foreclose a tax lien need to be registered
1.Make a statement in writing setting forth alleged interest, from whom acquired, how acquired, no of certificate
of land, name of registered owner, description of land in which right/interest is claimed – signed & sworn to
2.Statement shall be entitled to registration as adverse claim on certificate of title
3.Effective for 30 days from date of registration
4.After 30 days, may be cancelled by filing of verified petition by party in interest
•Any party may petition in court to cancel adverse claim
•Court to grant speedy hearing
•If adverse claim is adjudged invalid – may be cancelled
5.No 2nd adverse claim based on same ground shall be registered by same claimant
PURPOSE:
keep subject matter within the power of the court until the entry of final judgment
•Therefore creates merely a contingency & not a liens
EFFECT OF REGISTRATION:
1.Impossibility of alienating the property in dispute during the pendency of the suit – may be alienated but
purchaser is subject to final outcome of pending suit
2.Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be issued
1.Before final judgment – court may order cancellation after showing that notice I sonly for purpose of molesting
an adverse party or it is not necessary to protect rights of party who caused it to be registered
2.Register of Deeds may also cancel by verified petition of party who caused such registration
3.Deemed cancelled when certificate of clerk of court stating manner of disposal of proceeding is registered
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•Administrator shall file with Register of Deeds registration of property in his name to be vested with ownership
as trustee so he can sell, etc, convey, etc
•Not necessary if already empowered in the will
PARTITION/SETTLEMENT OF ESTATE
1.JUDICIAL
•After entry of final judgment of partition, copy certified by clerk of court to be filed with Register of Deeds
•Each owner to gave separate certificate of title (duplicate)
•If ordered to be sold, purchaser shall be entitled to a certificate of title entered in his name upon presentment of
order confirming sale
2.EXTRAJUDICIAL
a.Decedent died intestate
b.No debts
c.Heirs are all of legal age, or minors represented by guardian
•Heirs to execute public instrument to be filed with Register of Deeds
•If disagree with each other, file in court ordinary action for partition
•If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed with Register of
Deeds
•If there is movables involved, bond to be filed equivalent to value of property as certified under oath by
parties conditioned upon payment if any just claim which may be filed by creditor within 2 years after
distribution
•Publication in newspaper of general circulation for 3 weeks; not binding to those without notice
•Final after 2 years
•State creates a fund for the compensation of persons injured by divesting/cutting off of rights due to the
indefensibility of title; following that act of registration is operative act by which State transfers title; created to
relieve innocent persons from harshness of doctrine that certificate of title is conclusive evidence of an
indefeasible title to land.
•Upon entry of certificate in name of owner or TCT, ¼ of 1% shall be paid to Register of Deeds based on
assessed value of land – as contribution to assurance fund; if no assessment yet, sworn declaration of 2
disinterested persons subject to determination by court.
•Money shall be under custody of the National treasurer; invest it until P+I aggregates to 500,000, excess shall
be paid to the Assurance Fund; annual report of Treasurer to Secretary of Budget
WHO IS ENTITLED:
1.Claimant must be owner, purchaser or encumbrancer in good faith who suffered actual damage by loss of land;
in short – he is deprived of his land or interest therein
2.No negligence attributable to him
3.Claimant is barred from filing action to recover said land
4.Action to recover from assurance fund has not prescribed
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LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS:
1.Omission, mistake, misfeasance of Register of Deeds or clerk of court
2.Registration of 3rd persons as owner
LIABILITY:
1.Satisfy claims from private persons first
2.When unsatisfied – secondary liable is the National Treasurer who shall pay thru assurance fund; thereafter
Government shall be subrogated to rights of plaintiff to go against other parties or securities
MEASURE OF DAMAGES:
•Based on amount not greater than fair market value of land
•Amount to be recovered not limited to 500,000 which is maintained as standing fund
•If fund is not sufficient, National Treasurer is authorized to make up for deficiency from other funds available to
Treasury even if not appropriated
•A certificate of title cannot be altered, amended except in direct proceeding in court; summary proceeding
•Entries in registration books also not allowed to be altered except by order of the court
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•Grounds:
1.New interest not appearing on the instrument have been created
2.Interest have terminated or ceased
3.Omission or error was made in entering certificate
4.Name of person on certificate has been changed
5.Registered owner has married
6.Marriage has terminated7.Corporation which owner registered land has dissolved and has not
conveyed the property within 3 years after its dissolution
•What corrections are permitted in title (which does not include lands included in original; technical description as
long as original decree of registration will not be reopened and rights or interest of persons not impaired; old
survey was incorrect; substitution of name of registered owner)
1.Alteration which do not impair rights and
2.Alteration which impair rights – with consent of all parties
3.Alterations to correct obvious mistakes
•In connection with original and subsequent registration of lands – payable to Clerk of court, Register of Deeds,
sheriff
•Full payment of fees prerequisite to registration: at least the entry fee of 5.00, rest of the fees due payable within
next 15 days
OFFENSES:
1.Larceny
2.Perjury – false statement under oath
3.Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment of 5 years or both in
discretion of court
4.Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in discretion of court
a.Forging of seal in Register of Deeds, name, signature or handwriting of any officer of court of Register
of Deeds
b.Fraudulent stamping or assistance in stamping
c.Forging of handwriting, signature of persons authorized to sign
d.Use of any document which an impression of the seal of the Register of Deeds is forged
5.Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not encumbered; deceitful
disposition of property as free from encumbrance: imprisonment of 3 years or fine not exceeding 2,00 or both at
discretion of court
PUBLIC LANDS
– all lands owned by the government
•Inalienable and alienable
•Inalienable – public domain: timber and miner lands
•Alienable/ Disposable - public agricultural land
PROCEDURE:
1.Official issuing instrument of conveyance to issue instrument
2.File instrument with Register of Deeds
3.Instrument to be entered in books and owner’s duplicate to be issued
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4.Instrument – only contract between Government and private person and does not take effect as conveyance if
unregistered, it is registration which is operative act of conveying land; evidence of authority for Register of
Deeds to register
5.Fees to be paid by grantee
6.After issuance of certificate of title, land is deemed registered land within the purview of the Torrens system
DIRECTOR OF LANDS
•Quasi-judicial officer
•Findings of fact conclusive on higher court with absence of fraud, mistake other than error of judgment; but not
with regards to finding of law
•Empowered to alienate and dispose lands
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PERSONS COMPETENT TO QUESTION LAND GRANT
•Persons who obtained title from State or thru persons who obtained title from State
PATENT
RESTRICTIONS:
1.Cannot be alienated within 5 years after approval of application for patent
2.Cannot be liable for satisfaction of debt within 5 years after approval of patent application
3.Subject to repurchase of heirs within 5 years after alienation when allowed already
4.No corporation, partnership, association may acquire unless solely for commercial, industrial, educational,
religious or charitable purpose or right of way subject to consent of grantee & approval of Secretary of Natural
resources
EXCEPTIONS:
1.Action for partition because it is not a conveyance
2.Alienations or encumbrances made in favor of the government
HOMESTEADER
•If he dies, succeeded by heirs in the application
PURPOSE:
•Another means to bring lands under operation of Torrens System
•Ordinary registration is slow for lack of initiative on part of landowners, innovation was conceived to hasten and
accelerate registration
•Government initiates that all lands within a stated region are up for registration – whether or not owners are
interested to settle their titles
NATURE OF PROCEEDINGS:
•In rem
•No defendant & no plaintiff
•Compulsory
PROCEDURE:
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1.CADASTRAL SURVEY
•In opinion of Phil president pursuant to requirement of public interest, title of land within a specified area
needs to be settled and adjudicated
•Order Director of Lands to make survey and plan
•Director gives notice to persons claiming interest in lands & to gen public of day of survey – published in
OG and posted in conspicuous place on lands to be surveyed
•Geodetic engineers commences survey
•During survey, boundaries are marked by monuments
2.FILING OF PETITION
•After survey and plot been made, Director represented by Sol Gen institutes cadastral p roceeding
by filing petition in court against holders, claimants, possessors, occupants
•Parcel of lots given their cadastral numbers
3.PUBLICATION OF NOTICE OF HEARING
•Court to order date of hearing
•LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy
mailed to person whose address is known & other copies posted in conspicuous place designated bylaw
4.FILING OF ANSWER
•Any person claiming interest in any part of lands subject to petition is required to file answer
•Answer must give the ff details:
a.Age of claimant
b.Cadastral number of lot claimed
c.Name of barrio or municipality where lot is located
d.Name of owners of adjoining lots
e.If in possession & without grant – no of years in possession
f.If not in possession – state interest claimed
g.If assessed of taxation – assessed value
h.Any encumbrances affecting said lots
5.HEARING OF CASE
•In any convenient place where land lies
•Like an ordinary RTC trial
•Conflicting claims are determined
•Lots claimed are awarded to persons entitles – if they could prove title
•If none could prove title – land is declared public domain
6.DECISION
•Claimants are notified of decision7.ISSUANCE OF DECREE AND CERTIFICATE OF TITLE
•Upon order of court, LRA to enter decree of registration
•Decree made basis for issuance of OCT
•Decree are now being directly prepared and issued on regulation forms of such certificate
CADASTRAL ORDINARY
Party Initiating Government Private Individual
Subject Matter Private and Public Private Lands
Ownership Government does not assert Ownership is asserted
ownership Interested only in
settlement of titles
Survey Government undertakes survey On account of Owner
and advances expenses
As to risk In absence of successful claimant, Applicant has another chance
property goes to government to claim dismissal is without
prejudice
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•Unable to file their claim even while in possession granted right to petition for reopening of proceedings provided
such were not alienated, leased or disposed by government
CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY DIRECT SHERIFF TO DELIVER
POSSESSION
•Provisions of land registration act applicable to cadastral proceedings
•System of registration for unregistered land under the Torrens System (ACT 3344)
•Before: covers voluntary dealings, now includes involuntary dealings
•Effect if prospective; binds 3rd persons after registration but yields to better rights of 3rd person prior to
registration (limited effect to 3rd parties)
•Reason: no strict investigation involved
•Subsequent dealings – also valid if recorded
•Register of Deeds keeps day book & a register; index system is also kept
•Procedure:
1.Presentment of instrument dealing in unregistered land
2.If found in order – registered
3.If found defective – registration is refused writing his reason for refusal
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