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Problem with Technical Description - Residential Lot

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corbon44


Arresto Menor
Greetings!

I have owned a certain residential lot in Laguna since 2011. Recently, I have decided to take steps toward building a house on the said property.

After my first consultation with an architect, he noted that he had problems with the technical description of the property as two points do not seem to "close" the boundaries of the property. I have consulted with another architect and he has validated that there indeed seems to be a problem with the technical description. I have been advised to get a copy of the Technical Description and Approved Lot plans for the property as an initial check against a potential typographical error when my title was made in 2011.

My questions:

1.) Can the Technical Description and Approved Lot Plan covering the property be obtained from the regional (Laguna) LRA or RD, or is there another government office I need to go to in order to obtain copies of these documents? Or do I need to proceed to go to the head office in Manila?

2.) In case there is an error, whether typographical or otherwise, how do I go about having it corrected?

3.) I did not purchase the lot directly from a developer, however, can I still hold them liable in case there are resulting discrepancies in terms of the actual size of the property? I would like to note that there is currently no existing structure/house on any of the lots adjacent to the property except for the road lot.

Maraming Salamat Po at Mabuhay and PINOYLAWYER.ORG!



Last edited by corbon44 on Tue Mar 31, 2015 1:47 am; edited 1 time in total

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centro


Reclusion Perpetua
LRA Central office has an action center which can give advice.  If your lot is in their record, you can be referred to their technical personnel.  Try calling first. Public Assistance & Action Center Action Officer at 925-65-72  Other numbers in case 921-11-69, 925-65-89.

LRA acts on technical survey forwarded by the local Register of Deeds.  Here is the address reference for Region 4 http://lra.gov.ph/index.php?page=directory&title=region%204
You may want to call 1st before visiting.



Last edited by centro on Sun Mar 29, 2015 5:48 pm; edited 1 time in total

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corbon44


Arresto Menor
Will do that po, maraming salamat!

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centro


Reclusion Perpetua
Kung ano man ang findings mo, i-feedback mo naman for the learnings and next steps.

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corbon44


Arresto Menor
An update:

Made the trip to Calamba early morning Monday. Spoke with the Public Assistance officer of the LRA/RD and he referred me to the Calamba office of the Land Management Bureau (LMB) of the DENR.

I proceeded to the LMB and they validated that there was indeed a problem with the technical description on the title; that there were two points in the lot's description which did not meet to mark a clearly delineated piece of land. They will be checking their records and will be providing the required documents and plans, including those of the four other lots bordering mine, for reference.

Requirements for an updated Technical Description:

a. Lot Survey/Description - this also comes from the DENR, though in this case, this will be from their office in Los Baños, Laguna. It would take around five working days to secure this.

b. Certified True Copy of the TCT - in case you don't have one, the RD can provide one in a couple of days.

c. Photocopy of a valid ID

Once all the above requirements are submitted, the Technical Description will be available in five working days.

An annotation will then be made to the TCT to update/correct the technical description at the LRA/RD. This will take around two weeks.

Coincidentally, I was able to find the copy of the old TCT I have from the seller and the technical description in my TCT are exactly the same.

Caveat Emptor. Looks like I cannot make any claims with regards to this error. When I purchased the property, one thing I failed to do was check the technical description with an engineer or architect. I realize now that this is as important a step when buying property as checking the TCT for encumbrances or other annotations.

It would also be interesting to find out if a review of the technical description is done by the LRA/RD, or even the BIR or municipal/city assessor's office during the registration of the property. An error in the technical description may result in a discrepancy in the size of the property, affecting its valuation and resulting taxes collected.

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centro


Reclusion Perpetua
Salamat sa thorough notes on processing steps. It appears you have a good service level providers in your Region.

Once you are in the Technical Update at the LRA, it can easily be tracked as it is available online. You can even call to get an update.

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corbon44


Arresto Menor
centro wrote:Salamat sa thorough notes on processing steps. It appears you have a good service level providers in your Region.

Tama po. Base sa naging karansan ko, maayos kausap ang mga kawani ng LRA/RD at DENR sa Region 4 (Calamba and Los Baños offices) at matulungin.

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woulfe27


Arresto Menor
Hello, newbie here.

I have a similar problem - the technical description in the TCT for a vacant lot that I own contains a typo error. Instead of 18.3m, what's written is 10.3m, kaya sabi nung geodetic engineer ng Veterans Bank ayaw daw magsara yung plotting.

I'm confused as to what steps to take - some forums (fora) and blogs say that corrections to technical descriptions require court orders, while others say it's just a matter tracing the original documents, like what the original poster in this thread did.

Can anybody give me some advice? My lot is in Cainta, and the TCT was issued by RD Binangonan.

Thanks! Smile

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attyLLL


moderator
not that familiar with this very specific problem, but i would recommend you try first the steps taken before in the above post. going to court is very difficult and costly.


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betchay001


Prision Mayor
woulfe27 wrote:Hello, newbie here.

I have a similar problem - the technical description in the TCT for a vacant lot that I own contains a typo error. Instead of 18.3m, what's written is 10.3m, kaya sabi nung geodetic engineer ng Veterans Bank ayaw daw magsara yung plotting.

I'm confused as to what steps to take - some forums (fora) and blogs say that corrections to technical descriptions require court orders, while others say it's just a matter tracing the original documents, like what the original poster in this thread did.

Can anybody give me some advice? My lot is in Cainta, and the TCT was issued by RD Binangonan.

Thanks! Smile

Hello,

The previous entries will help you.

If it's only a typographical error (if the Technical Description contains 18.3) you may proceed to the Registry of Deeds with your Affidavit of Correction and have it annotated.

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yhca08


Arresto Menor
Hello! I have the same problem except that I knew that there was error in the technical description before I purchased the property. I thought it would be easy to correct such and took the risk since I really want that property. Now, an Affidavit is also needed so they can correct the error and have the new trasfer title annotated. Who will execute the affidavit in the first place? The surveyor or me? Can anyone give me a format please. The error by the way is the directions. Instead of NE, it should be SE. Thus, the polygon was not able to close when you plot it. Hope someonce could help me with the format of the Affidavit of Correction. Thank you.

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Teenasese


Arresto Menor
Anyone can help, bought a lot and construction is going in when suddenly the appraiser of the bank tells us that they think we constructed on a wrong lot, instead of lot 41, we constructed on lot 40, but before that we get permit from the subdivision and they resurvey the lot since it was an inhouse surveyor we confident that it was right, what we should, thank you and good day

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