LAND TITLES AND DEEDS (2024 EDITION): PART ONE

Updated: November 17, 2024

The Hows of Law


Summary

The video delves into the intricate details of land titles and ownership in the Philippines, emphasizing the legal frameworks and processes involved. It covers the classification of properties, modes of acquiring ownership, co-ownership dynamics, and restrictions on foreign land ownership. Additionally, it explores the essential legislations governing land registration and free patent applications, providing insights into requirements and limitations for acquiring property titles. The video offers a comprehensive guide for understanding the complexities of land ownership and title acquisition in the Philippine context.


Introduction and Updates

The speaker introduces the topic of land titles and highlights the importance of updates due to significant changes. They mention the focus areas of the video for reviewing concepts related to property and ownership in the Philippines.

Concept of Property

Property is defined under the Civil Code with characteristics like utility, substantial independence, and appropriation. Various examples are provided to illustrate what can be considered as property based on these characteristics.

Classification of Immovable Properties

Immovable properties are classified into different categories such as immovable by nature, destination, and incorporation. Detailed explanations are given for each category with examples of properties falling under them.

Modes of Acquiring Ownership

Different modes of acquiring ownership are discussed, including occupation, intellectual creation, donation, succession, tradition, delivery, law, and prescription. Each mode is explained with relevant examples and legal implications.

Co-Ownership and Rights of Co-Owners

The concept of co-ownership is explained, highlighting the characteristics and rights of co-owners. The video discusses how co-ownership can be formed, the rights to use, share benefits, alienate, substitute, redeem shares, and the obligations of co-owners.

Merger and Acquisitive Prescription

Discusses the concept of merger in co-ownership and acquisitive prescription, highlighting scenarios where one co-owner buys out others and the implications of repudiating co-ownership. It also covers extraordinary prescription and termination conditions.

Loss Extinguishes Rights and Obligations

Explains how the loss of property affects rights and obligations in co-ownership, including scenarios like partition, expropriation, and termination of the agreed period.

Controversy in Co-Ownership

Addresses the controversy related to the sale of a definite portion of co-owned property, emphasizing the need for consent from all co-owners and legal implications of such transactions.

Foreign Ownership of Lands

Explores the restrictions and regulations related to foreign ownership of lands in the Philippines, detailing the historical context and legal restrictions post-1935 constitution. Discusses cases and exceptions in land ownership by foreigners.

Major Legislation on Land Registration

Delves into significant legislations governing land registration in the Philippines, focusing on Commonwealth Act 141, Act number 496, and presidential decree number 1529. Introduces Republic Act number 1173 and its impact on free patents and judicial confirmation of imperfect titles.

Overview of Chartered Cities and Free Patent Applications

Discusses the classification of chartered cities and the land size limits for free patent applications in different municipalities.

Details of Land Size Limits and Use Restrictions

Explains the land size limits and restrictions on land use for free patent applications, emphasizing the need for lands devoted to public service or use.

Survey and Technical Description Requirements

Details the survey, technical description, and affidavit requirements for free patent applications, including continuous possession for at least 10 years.

Restrictions Exempted for Residential Free Patents

Clarifies the exemptions and restrictions that do not apply to lands under residential free patents, including the transfer and alienation limitations.

Agricultural Free Patent Application Process

Explains the application process for agricultural free patents, eligibility criteria, and land size limits for public agricultural lands.

False Statement about Certificate of Title

The statement that there is no other remedy to avail the Certificate of Title is false. Claimants can still avail of the action reivindicatoria or quieting of title.

Requirements for Obtaining Title of Property

Discusses how to obtain title over a property when selling or inheriting it, including the requirements and potential legal issues faced.

Annotations and Encumbrances on Title

Explains annotations of encumbrances on property titles, such as when using property as collateral, and how to remove them.


FAQ

Q: What are the characteristics of property according to the Civil Code?

A: Property, as defined in the Civil Code, has characteristics like utility, substantial independence, and appropriation.

Q: How are immovable properties classified?

A: Immovable properties are classified into categories such as immovable by nature, destination, and incorporation.

Q: What are the different modes of acquiring ownership discussed in the content?

A: The content discusses various modes of acquiring ownership, including occupation, intellectual creation, donation, succession, tradition, delivery, law, and prescription.

Q: What is co-ownership and what are the rights of co-owners?

A: Co-ownership refers to joint ownership of property and includes rights such as the right to use, share benefits, alienate, substitute, redeem shares, and obligations among co-owners.

Q: What are the implications of repudiating co-ownership in the scenario of merger?

A: When one co-owner buys out others, the implications of repudiating co-ownership include extraordinary prescription and termination conditions.

Q: What are the restrictions and regulations related to foreign ownership of lands in the Philippines?

A: Restrictions on foreign ownership of lands in the Philippines are detailed, with historical context and legal restrictions post-1935 constitution, along with cases and exceptions.

Q: Which legislations govern land registration in the Philippines and what do they focus on?

A: Significant legislations governing land registration in the Philippines include Commonwealth Act 141, Act number 496, presidential decree number 1529, and Republic Act number 1173.

Q: What are the requirements and restrictions for obtaining free patents in the Philippines?

A: The requirements for free patents in the Philippines include land size limits, restrictions on land use, survey, technical description, and affidavit requirements, along with continuous possession for at least 10 years.

Q: Is the statement that there is no other remedy to avail the Certificate of Title true?

A: No, claimants can still avail of the action reivindicatoria or quieting of title as remedies.

Q: How are encumbrances on property titles annotated and removed?

A: Encumbrances on property titles, such as when using property as collateral, are annotated and can be removed according to the legal process.

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