Checking the paperwork, particularly the land title, is critical when purchasing or selling land or any other sort of property. Make sure it's clean and won't cause you any issues in the future, in addition to being honest.
You can do this by making your own research and double-checking what you're doing, no matter how certain you are. An unclean land title may make the process of purchasing or selling a house more difficult and a hassle particularly if you may have been handed or shown a fraudulent title by your vendor.
Checking the registered owner of a property title
Below are some of the ways how you can check and verify your land ownership in the Philippines:
1. Get a tax declaration.
The first step is to receive a tax declaration. The assessment value, market value, land acreage, and the name of the owner of the property will all be included in this document. In certain cases, you may be given a map of the property.
In order to do this, you'll have to visit the Assessor's Office at the city or municipal building. You'll need to find the designated person in this office to help you and provide them with all of the pertinent information about the property you're inspecting.
2. Get a plan of the lot or the property.
If this property may already have an existing structure, so you'll need to obtain a plan of the lot as well if you're planning to construct anything on it. In a nutshell, you'll need a blueprint.
Go to the DENR, or Department of Environmental and Natural Resources, to learn more about this. Make sure you're looking in the right place to help you get the plan. Keep your Property Identification Number ready because you'll need it again. Having the Property Identification Number will allow them to check their records to see whether it is present. If you want the records, you'll have to wait for a few minutes while they are looking for them. You must also have to pay for the appropriate costs after you have a copy of the design and blueprint.
3. Obtain the Transfer Certificate Title.
Once you acquire the Tax Declaration paperwork, you may head to the Registry of Deeds, which is often situated in the provincial capital. A copy of your government-issued identification such as a passport or driver's license is required, so be sure to arrange it prior to your visit in the office.
Find a window or desk where a clerk can help you and pay the applicable charges. The Tax Declaration's Property Identification Number may be used to acquire the Transfer Certificate Title. You'll have to return in a few days to pick up the title, so make sure to write down the phone number so you can call in to see whether it's available.
4. Check Land Title Record in the Registry of Deeds or in the Land Registration Authority.
To avoid being duped by fraudulent land sales and phony land titles, it's essential when purchasing real estate in the Philippines to check the title and make sure there aren't any restrictions or legal claims against the property. In other words, you're looking for a piece of property that has a clear title.
Checking with the local Registry of Deeds (RD) is the best technique to verify the legitimacy of a title. In the Philippines, each city or province has its own RD, which holds the original titles to all registered lands under its jurisdiction.
However, registered land owners get an Owner's Duplicate Certificate, which is identical to the original title on record with the RD. If the buyer wants to be sure the title is genuine, they can simply compare it to the RD's one and only original copy.
Depending on the circ*mstances, the Owner's Duplicate Certificate is either an Original Certificate of Title (OCT) if it is the first title issued on the land, or a Transfer Certificate of Title (TCT) issued after the initial title was granted on the property. When the title is transferred from the original registered owner to a new owner, the OCT is canceled and a TCT is issued. If you ever decide to sell, donate, or otherwise legally transfer your property, you will be required to submit a TCT for each succeeding transaction.
The Land Registration Authority (LRA) is another government institution where you may verify the legitimacy of a title. Registries and certificates of land ownership are issued by the LRA. However, the 168 RDs around the country do the bulk of the LRA's work, thus contacting the RD in your province or city is your best bet for finding out whether a real property title is genuine or not in their land records.
Guidelines to spot fake land titles according to LRA:
a. Ascertain whether there are any discrepancies between what appears on a property's certificate of title on its front and rear and what appears on its owner's duplicate certificate of title. Any discrepancy is cause for concern.
b. A serial number is issued to each title. The original title number is printed in red, while the owner's duplicate certificate's serial number is printed in black. The LRA sends the serial-numbered title forms to the several RDs in sequential sequence. The legitimacy of a certificate of property titles with a serial number that was not given to a specific RD is under question.
c. Each title has the words Judicial Form in the top left-hand corner. Form 108-D and Form 109-D are used to indicate if the document is an OCT or TCT respectively. The year the form was issued or updated is shown just below the Judicial Form number. If, for example, the phrase "(Revised January 1985)" appears below the words Judicial Form 109-D, and on the bottom right section of the title below the seal it says that it was recorded on a date in 1980, then this is a cause for concern.
d. Titles with the words "Owner's Duplicate Certificate" on the left side margin of the title are owned by the property owner. A red seal is placed to the form's bottom left corner. When wet, the seal should not smear or leave a stain.
e. When a title number is followed by the phrases Original Certificate of Title or Transfer Certificate of Title, the final two digits of the title number should match the page number of the registration book provided in the top right-hand corner of the title. An inquiry should be made into any discrepancies
f. In order to protect the title, it is printed on a special kind of paper. Using silk fibers dyed with synthetic chemicals, the paper is made up of 50% cotton and 50% chemical wood pulp. You may notice a NALTDRA or LRA watermark by holding it up to bright light. False titles are often printed on cheap paper or cardboard.
g. Be certain to verify whether or not the title was granted by the then-active Registrar of Deeds who signed it.
h. To verify the authenticity of a title, it may be essential to trace its origins. These papers may include the original title, the derived titles, and any related documents, such as deeds of sale or donation, etc.
Checking land ownership in the Philippines is truly time-consuming and a hassle. You would need an ounce of patience and commitment in order to verify this.
So if you want to purchase a brand new house and lot or a lifelong dream home, you can get it from a trusted community provider like Lumina Homes to save yourself up from all these troubles and worries.
You won't have to worry about your home buying and homeownership experience as there is an admin officer that will be assigned to you to guide and help your out throughout the transactions.
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As a seasoned expert in real estate and property transactions, my in-depth knowledge and hands-on experience in the field make me well-equipped to guide you through the intricacies of checking and verifying land ownership, especially in the context of the Philippines. Let me delve into the key concepts covered in the provided article:
1. Tax Declaration:
- Obtain a tax declaration to gather information such as assessment value, market value, land acreage, and owner's name.
- Visit the Assessor's Office at the city or municipal building to initiate the process.
2. Plan of the Lot or Property:
- Obtain a blueprint or plan of the lot, especially if there is an existing structure or if you plan to construct on it.
- Visit the Department of Environmental and Natural Resources (DENR) to acquire the necessary information.
3. Transfer Certificate Title (TCT):
- After obtaining the Tax Declaration, visit the Registry of Deeds in the provincial capital.
- Present a copy of your government-issued identification and pay the applicable charges to acquire the Transfer Certificate Title.
- The Property Identification Number from the Tax Declaration is crucial in this process.
4. Checking Land Title Records:
- Verify the legitimacy of a title by checking with the local Registry of Deeds (RD) or the Land Registration Authority (LRA).
- Owners receive an Owner's Duplicate Certificate, either an Original Certificate of Title (OCT) or a Transfer Certificate of Title (TCT), depending on the circ*mstances.
- The RD holds the original titles, and comparing the duplicate with the original can confirm the authenticity.
5. Guidelines to Spot Fake Land Titles (according to LRA):
- Check for discrepancies between the property's certificate of title and its owner's duplicate certificate.
- Pay attention to the serial number, ensuring it matches the sequence issued by the LRA.
- Confirm the Judicial Form, its revision date, and the date of recording on the title.
- Look for specific indicators like the presence of the words "Owner's Duplicate Certificate" and the quality of the paper.
6. Land Ownership Verification Challenges:
- Acknowledge that the process of checking land ownership in the Philippines is time-consuming and can be a hassle.
- Highlight the importance of patience and commitment in the verification process.
7. Lumina Homes as a Trusted Provider:
- Recommend Lumina Homes as a trusted community provider for a worry-free and hassle-free homebuying experience.
- Emphasize the presence of an admin officer at Lumina Homes to guide and assist buyers throughout transactions.
In conclusion, ensuring the legitimacy of land ownership involves a series of meticulous steps, from obtaining initial documents to verifying titles with relevant authorities. By following these guidelines and choosing a reliable provider like Lumina Homes, prospective buyers can navigate the complexities of property transactions with confidence.
