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INQUIRIES ON LAND OWNERSHIP

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1 INQUIRIES ON LAND OWNERSHIP on Fri Mar 23, 2012 11:41 pm

Joy Lynne Monterola


Arresto Menor
Re: UNTITLED LAND
Hi! Inquire lang ako kung pano mgpa 'title' ng property na may tax declaration.

My Lolo passed away long long time ago. Before he came home with the Lord, yung property dinivide sa 7 (7 siblings). Yung 4 out of 7, meron ng tax declaration under the name of my mother. [Nagkasundo kac yung 4 siblings na kay mama ipapangalan ni yung 4 portions of land/property] Yung 3 tax declaration, nakapangalan pa rin ke lolo. Anong document ang pwedeng ipresent para malipat yung 3 tax declarations sa mother ko?

Further, meron bang document na pwedeng i execute stating na ina-allow ng property owner na tumira yung kapatid nya dun sa parcel of land unless that document has been terminated by both parties?

Next question, kelangan po ba ang survey plan para mai execute yung Deed of Sale?

Hope you can answer my querries po. It would be of great help. Thanks!

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2 Re: INQUIRIES ON LAND OWNERSHIP on Sat Mar 24, 2012 12:11 am

redpula


Prision Correccional
as to your first question, is the land a private land or public agricultural land?, tax declaration (amelyar in lay term) alone is not an evidence of ownership, but only of possession. There must be a showing that the land is titled and how it is acquired, is it through sale, donation, inheritance?, it must be stated in the certificate of title. Their payment of taxes does not constitute ownership to the land.

If the land is untitled, then the presumption is it is owned by the government, despite there are inhabitants to the said property, they can not claim ownership on it unless it is awarded to them by the government or a declaration, certificate awarded to the inhabitants of the land, if no private person can show evidence of deed of sale, donation, inheritance to the land, no one owns it despite your grandfather's relatives payment of taxes.

With regard to your second question, if they only have a tax declaration then clearly they dont own the land.

you need to inquire with CENRO and upon verification if the land is a public agricultural land or privately owned they will tell you they had a map drawn showing which is owned by private individual and public land, you need to go to the town hall or city hall where the land is located and ask where CENRO is.

In your 3rd question, deed of sale can only be done if the land is PRIVATELY owned where the OWNER sells the land to a BUYER, if there is no owner or a certificate of title they can present then it simply mean that the land is OWN by the government.

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3 Re:deed of sale answer on Sat Mar 24, 2012 8:33 pm

rosheil


Arresto Menor
redpula wrote:as to your first question, is the land a private land or public agricultural land?, tax declaration (amelyar in lay term) alone is not an evidence of ownership, but only of possession. There must be a showing that the land is titled and how it is acquired, is it through sale, donation, inheritance?, it must be stated in the certificate of title. Their payment of taxes does not constitute ownership to the land.

If the land is untitled, then the presumption is it is owned by the government, despite there are inhabitants to the said property, they can not claim ownership on it unless it is awarded to them by the government or a declaration, certificate awarded to the inhabitants of the land, if no private person can show evidence of deed of sale, donation, inheritance to the land, no one owns it despite your grandfather's relatives payment of taxes.

With regard to your second question, if they only have a tax declaration then clearly they dont own the land.

you need to inquire with CENRO and upon verification if the land is a public agricultural land or privately owned they will tell you they had a map drawn showing which is owned by private individual and public land, you need to go to the town hall or city hall where the land is located and ask where CENRO is.

In your 3rd question, deed of sale can only be done if the land is PRIVATELY owned where the OWNER sells the land to a BUYER, if there is no owner or a certificate of title they can present then it simply mean that the land is OWN by the government.

hello po..I have a question din which is a little bit similar on this topic..
ganito po; there was an adjudication in a cadastral case of the year 1949 naming 4 siblings as owners of a 5422 sqm agricultural land (undivided share); these 4 persons po was not able to get a title on this lot; this time po ay walang balita kung either buhay pa ba or patay na yung isa sa apat kasi nung umalis daw ito noon ay hindi na bumalik;baka daw patay na kasi matatanda na nga itong dalawang naiwan; now the other one din po passed away leaving 7 heirs na lahat ay matatanda na rin; gusto po sanang mag apply ng title itong mga naiwang may-ari sa anung kadahilanan po ay hindi ko lang po sasabihin; yung tanung ko po ay saan po ba magsimula at anung mga gagawin at kakailanganin..? yun lang po at salamat.

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4 Re: INQUIRIES ON LAND OWNERSHIP on Mon Mar 26, 2012 8:03 pm

redpula


Prision Correccional
first is that they must prove that they occupy the land for more than 10 years and proof to the effect, second, where is the land located?, is it in rural or urban?. thirdly, if they are paying taxes and evidence thereof, then it is a sign of possession, fourth, you must go to CENRO, so that you can verify if some one already had the land titled or any person had it registered in their name, in land registration the rule is, first to register, strong in right (in filipino, ang mauna nakapagparehistro ay may mas karapatan kesa sa wala o hindi nakapagrehistro ng lupa, kahit siya ay hindi nakatira dun), if the land is unregistred then you must have a survey of the area it can be done by a private geodetic engineer or through CENRO's own geodetic engineer, then you have to go to the court and publish a petition for land registration, and you are required to inform nearby lot owners so that they may have time to file an opposition in case they feel that they have a better right over your relatives. Upon an order of the court and your petition is granted, the Land registration Authority will be ordered by the court to register your land and issue to them a Original Certificate of Title (OCT), upon order and issuance of the OCT they are now considered owner of the lot they are occupying.

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5 RE: ANSWER TO INQUIRIES ON LAND REGISTRATION on Mon Mar 26, 2012 9:26 pm

rosheil


Arresto Menor
thanks po..

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