Here are 10 important facts you

should know about Land Titles :

 What is a Land Title?
A land title is the evidence of the
right of the owner or the extent of
his/her interest, and by which means
he/she can maintain control and as a
rule assert right to exclusive
possession and enjoyment of the
property. The document is entitled
the Certificate of Title. (Pea,
Registration of Land Titles and
Deeds, Revised Edition, 1988).
 Is a land title different from a deed?
Yes. Land title refers to the evidence of the
right of the owner while deed refers to a
written document executed in accordance
with law, wherein a person grants or
conveys to another a certain land. (Pea,
Registration of Land Titles and Deeds,
Revised Edition, 1988)
Examples of a deed: Deed of sale, deed of
donation, deed of mortgage, lease
contracts, etc
 Why is a land title important?
Land title is important because it is
the only document that would
prove a persons ownership over a
piece of land.
What information is contained in the certificate
of title?
The certificate of title contains the following: (
Aquino, Amado D., Land Registration and
Related Proceedings, Revised Edition, 1997)
-The full name of the owner, including the civil
status, and the name of the spouse if married,
the nationality and residence and postal
address;
-Technical description of the land; and
-Annotations of the transactions made by the
owner and other pertinent information.
 What is the limitation on
certificates of title?
A certificate of title shall not be
subject to collateral. It cannot be
altered, modified or cancelled
except in a direct proceeding in
accordance with law. (Pres. Decree
No. 1529, Sec. 48).
 What document is issued to the
registered owner of the land?
The owners duplicate Certificate
of Title is issued by the Register of
Deeds in the name of the person in
whose ownership of the land was
decreed and this is given to the
registered owner. (Pres. Decree No.
1529, Sec. 41).
In cases of co-ownership, can each co-
owner have a copy of the duplicate
certificate of title?
Yes. A separate duplicate certificate of
title may be issued to each of the co-
owner in the same form. The Register
of Deeds shall note on each certificate
of title a statement as to whom a copy
was issued. (Pres. Decree No. 1529,
Sec. 41)
 What is land registration?
Land Registration is the process
wherein the state provides a public
record of the land title itself upon
which a prospective purchaser or
someone else interested may rely.
(Pea, Registration of Land Titles
and Deeds, Revised Edition, 1988).
 What is the purpose of land
registration under Torrens system?
The real purpose of the system is
to quiet title of land; to put a stop
to any question of the legality of
the title, except claims, which were
noted at the time of registration.
(Pea, Registration of Land Titles
and Deeds, Revised Edition, 1988).
 What court has the jurisdiction
over the registration of title?
The Regional Trial Courts now have
plenary jurisdiction over land
registration proceedings.
 Do I need to take care or protect my land titles?
Obviously, your property needs to have a title, if you
are going to sell your property and proceed with the
transfer of ownership.
When properties are mortgaged, the original owners
duplicate certificate of titles are kept in a safe and
secure place by the bank/lending institution. They put
it in a fire-proof safe or vault that is in a flood-free area,
so its safe to say they are safe and sound.
However, if your property is already fully-paid, you
should already have the original owners duplicate
certificate of the title, and it becomes your
responsibility to keep it in a safe and secure place. I
suggest that you keep them in a safety deposit box
(SDB) in a bank not too near your home.
 Whats the difference between reconstitution and
replacement?
If the original title with the registry of deeds got lost or
destroyed, then reconstitution of the title would be necessary.
This can be either through an administrative reconstitution or a
judicial reconstitution.
On the other hand, if only the owners duplicate certificate got
lost/destroyed, and the copy at the register of deeds is intact,
then the owner only needs to get a replacement for the lost
duplicate certificate, through the procedure stated in Section
109 of Presidential Decree (P.D.) No. 1529 (Property Registration
Decree)
It is through having the right information that you can ensure
youre not setting yourself up for a ton of headache after buying
a new property. Dont forget to keep a copy of all the papers
youve received during and after the home buying process to
protect your investment or for your future reference.