GE 315 LEC 1- 4 Flashcards
ACT 496
Land Registration Act
Public Land Act
COMMONWEALTH ACT 141
ACT 2259
Cadastral Act
PRESIDENTIAL DECREE 1529
Property Registration Decree
Free Patent Act for Residential Land
REPUBLIC ACT 10023
REPUBLIC ACT 26
Reconstitution of Lost or Destroyed Certificate of
Title
REPUBLIC ACT 6732
Administrative Reconstitution of Lost or Destroyed Original Copies of Certificates of Title
LAND REGISTRATION LAWS
- ACT 496 - Land Registration Act
- COMMONWEALTH ACT 141 - Public Land Act
- ACT 2259 - Cadastral Act
- ADMINISTRATIVE CODE Section 194
- PRESIDENTIAL DECREE 1529 - Property Registration Decree
- REPUBLIC ACT 10023 - Free Patent Act for Residential Land
- REPUBLIC ACT 26 – Reconstitution of Lost or Destroyed Certificate of
Title - REPUBLIC ACT 6732 – Administrative Reconstitution of Lost or
Destroyed Original Copies of Certificates of Title
NOVEMBER 6, 1902
LAND REGISTRATION ACT WAS ENACTED
FEBRUARY 1,1903
TORRENS SYSTEM TOOK EFFECT
FEBRUARY 16, 1976
PD NO. 892 ABOLISHED THE SYSTEM
OF REGISTRATION UNDER SPANISH MORTGAGE LAW
JUNE 11, 1978
PROPERTY REGISTRATION DECREE WAS
PROMULGATED
LAND REGISTRATION
A judicial or administrative proceeding
whereby a person’s claim over a
particular land is determined and
confirmed or recognized so that such land
and the ownership thereof may be
recorded in a public registry.
PURPOSE OF REGISTRATION
a. to make the instruments evidencing the
transactions_____as against _________
valid, third-persons
PURPOSE OF REGISTRATION
b. to make them______on the land itself
binding
THIRD PERSONS
They are those who have not participated in the
recorded instrument or contract.
TITLE
Is the evidence of the owner’s right or extent of interest, by which he can maintain control and as a rule assert right to exclusive possession and enjoyment of
property.
FEE SIMPLE TITLE
It means a title to the whole of the thing
absolutely.
A title in fee is a______and_______________
beyond which and outside
of which there is no other interest or right.
full, absolute state
Land is conferred upon a man and his
heirs absolutely and _____________________
imposed upon the state.
without any limitation
FEE SIMPLE TITLE
It is the highest form of ownership
CERTIFICATE OF TITLE
It is a mere evidence of ownership. It is not
the title to the land itself as the concept of
title is conceived under the law.
There are two kinds of certificate of title
Original Certificate and Transfer Certificate
DEED
It is a signed legal document that transfers ownership
of an asset to a new owner.
DEED
are most commonly used to transfer ownership of property or
vehicles between two parties.
The purpose of a deed is to transfer a title, the legal
ownership of a property or asset, from one person or
company to another
TRUE
METHODS OF ACQUIRING LAND TITLES
- by public grant
- by private grant
- by adverse possession or prescription
- by accretion
- by descent or devise
- by reclamation
- by involuntary alienation
- Emancipation patent
By PUBLIC GRANT
conveyance of public land by
government to a private
individual
By PRIVATE GRANT
The transfer title to land by the owner himself or his duly authorized representative to another by mutual consent is recognized by law
By adverse
POSSESSION/PRESCRIPTION
Lands are acquired by adverse possession
when such possession had continued
uninterrupted for a number of years in the
concept of owners adverse, public and
peaceful.
Lands are acquired by adverse possession
when such possession had _______________ for a number of years in the
concept of owners adverse, public and
peaceful.
continued uninterrupted
Under Article 457 of the Civil Code, “To the
owners of lands adjoining the banks of rivers
belong the accretion which they gradually
receive from the effects if the current of water.”
By accretion
Riparian owner
refers to a person who owns
land adjoining banks of a river
RIGHT OF RIPARIAN OWNER
Soil deposit in lands adjoining riverbanks, and gradually formed by effect of the current of river waters
Alluvion
refers to the deposit itself while
accretion refers to the act.
Alluvion refers to the _______ itself while
accretion refers to the _____.
deposit, act
Accretion
is defined as the act by which the
land bordering a stream or other body of
water increases its area by the gradual
deposit of soil or sea weeds by the current of
the river or other natural process.
TWO ESSENTIAL REQUISITES OF
ACCRETION
- The land where the accretion takes place be
adjacent to the banks of river. - The accretion is due to the gradual action of
the river current.
DEPOSITS CAUSED BY ACTION OF SEA
Accretion or deposits caused by action of the
sea forms part of the public domain and
therefore, not open to acquisition through
adverse possession or prescription.
By descent or devise
Title is acquired by descent in case an heir
succeeds the deceased owner in intestacy or by
reasons of certain relationship which entitles him
to succeed by operation of law.
By descent or devise
One who succeeds by devise when he acquires land from one who may not be a relative, if he is
named by the latter in his last will and testament to succeed as such.
By reclamation
a method of acquiring land title
means the filling of submerged land by deliberate act
and reclaiming title thereto. There is no law, express or
implied which grants to owners of adjacent upland
the right to fill the adjacent land under water.
By reclamation
Only the government can assert title to reclaimed
lands.
By involuntary alienation
Title to land may be acquired by the State against the express will of the owner through the power of eminent domain or by way of escheat proceedings.
Eminent domain, also known as expropriation
is a power vested in the State to take private property for public use upon payment just compensation.
Escheat
a proceeding whereby the real and personal property of a deceased person in the Philippines, who died without leaving any will or legal heirs, become the property of the state upon his death.
By Emancipation patent
Refers to an Agrarian Reform title which is indefeasible and imprescriptible under the Torrens System.
By Emancipation patent
It represents absolute ownership over
the land transferred to the tiller.
Property
is a thing which or may be the object of appropriation.
(Art. 414, Civil Code)
Right to property
is constitutionally protected. Article III, Section 1 of the Constitution states that “no person shall be deprived of life, liberty or property without due process of law”.
Is the right to property an inherent right or is it granted by
the State?
Sec. 1, Art. III of the Constitution implies that the right is inherent, but it can be regulated.
Real right
a right or power over a specific thing which is enforceable
against the whole world. It is also known as rights in rem.
An easement
the right to use someone else’s property for a specific purpose.
mortgage
Is a type of real right that gives a lender an interest in the property as security for a loan. If the borrower fails to repay the loan, the lender can foreclose on the property.
Personal right
a right that may be enforce by one person on another.
It is a legal right that pertains to a specific individual or entity (person) rather than to a particular piece of property (as in the case of real rights).
Rights under a contract
such as the right to receive payment or the right to enforce specific terms of the agreement.
Rights related to personal injury
such as the right to seek compensation for damages resulting from someone else’s negligence.
Rights related to employment
such as the right to fair wages, safe working conditions, or protection against discrimination or harassment.
Classifications of Property
- Based on Mobility (Movable/ Immovable)
- Based on Ownership (Private/ Public dominion)
- Based on Physical Existence (Corporeal/Incorporeal)
- Based on Autonomy or Dependence (Principal/
Accessory)
Based on Mobility
It encompasses not only the surface of the land but also
anything permanently affixed to it, such as fences, trees,
minerals, and the rights to use the land.
Immovable / Real Property
refers to land and any
structures permanently attached to it, including buildings,
houses, and other fixed improvements.
Immovable / Real Properties
- Land, buildings, roads and constructions of all kinds
adhered to the soil; - Trees, plants, and growing fruits, while they are attached
to the land or form an integral part of an immovable; - Everything attached to an immovable in a fixed
manner, in such a way that it cannot be separated
therefrom without breaking the material or deterioration of
the object; - Statues, reliefs, paintings or other objects for use or
ornamentation, placed in buildings or on lands by the owner
of the immovable in such a manner that it reveals the
intention to attach them permanently to the tenements; - Machinery, receptacles, instruments or implements
intended by the owner of the tenement for an industry or
works which may be carried on in a building or on a piece of
land, and which tend directly to meet the needs of the said
industry or works; - Animal houses, pigeon-houses, beehives, fish ponds or
breeding places of similar nature, in case their owner has
placed them or preserves them with the intention to have
them permanently attached to the land, and forming a
permanent part of it; the animals in these places are
included; - Fertilizer actually used on a piece of land;
- Mines, quarries, and slag dumps, while the matter thereof
forms part of the bed, and waters either running or stagnant; - Docks and structures which, though floating, are intended
by their nature and object to remain at a fixed place on a
river, lake, or coast - Contracts for public works, and servitudes and other real
rights over immovable property.
Movable / Personal Property
refers to assets that are not
fixed to land or structures and can be physically moved from
one location to another.
Movable / Personal Properties
- Those movables susceptible of appropriation which are
not included in the preceding article; - Real property which by any special provision of law is
considered as personalty; - Forces of nature which are brought under control by
science - In general, all things which can be transported from
place to place without impairment of the real property to
which they are fixed. - Obligations and actions which have for their object
movables or demandable sums; - Shares of stock of agricultural, commercial and industrial
entities, although they may have real estate
Public Dominion
property owned by the State in its public or sovereign capacity and intended for public use of the state. It is
outside the commerce of men.
Properties of Public Dominion
Properties interested for public use (e.g. roads, plaza, parks)
Intended for some specific public service
(e.g. national government buildings)
Intended for the development of national wealth
(e.g. natural resources such as minerals, coal, oil and forest)
Private Ownership
property owned by the State in its private capacity and is known as patrimonial property.
Patrimonial Property
part of the public domain owned
by the State in its private capacity for economic purposes
Classification by physical existence
- Corporeal
- Incorporeal
Corporeal
all the property the existence
of which can be determined by the senses
Incorporeal
things having abstract
existence creating by man and representing
value (real rights, credit, corporate stocks
etc.)
Classification by autonomy or
dependence
- Principal
- Accessory
Principal
those to which other things are
considered dependent or subordinated (i.e. such as
the land on which a house is built)
Accessory
those which are dependent upon or
subordinated to the principal. They are designated
to complete, enhance or ornament another
property (i.e. house)
Ownership
Independent right of a person to the exclusive
enjoyment and control of a thing including its
disposition and recovery, subject only to the
restrictions or limitations established by law and
the rights of others.
RIGHTS INCLUDED IN OWNERSHIP
(The Bundle of Rights)
- Jus possidendi
- Jus utendi
- Jus fruendi
- Jus accessiones
- Jus abutendi
- Jus disponendi
- Jus vindicandi
Jus possidendi
right to possess
Jus utendi
right to use and enjoy
Jus fruendi
right to the fruits
Jus accessiones
right to accessories
Jus abutendi
right to consume
Jus disponendi
right to dispose or alienate
Jus vindicandi
right to recover possession and/or
ownership
CO-OWNERSHIP
form of ownership which exist whenever an undivided thing
or right belongs to different persons
PARTITION
It is the division between two or more persons of
real or personal property which they own in
common so that each may enjoy and possess
his sole estate to the exclusion of and without
interference from others.
Modes of Acquiring Ownership
- Law
- Tradition
- Occupation
- Intellectual Creation
Law
recognized as mode of acquisition
because the law so provides
Tradition
a derivative mode of acquiring ownership and other real rights by virtue of which there being intention and capacity on the part of
the grantor, they are transmitted to the grantee
through a just title.
Occupation
appropriation of things appropriable
by nature which are without an owner; seizure of
things corporeal which have no owner with the
intention of acquiring the ownership thereof
Intellectual Creation
original mode of acquiring
ownership whereby the creation or products of
one’s mind and intellect becomes his exclusive
property, giving him the right to authorize or refuse
the publication or production of such creations.
Intellectual Property
The totality of all rights which the law
recognizes in favor of the author or persons
with respect to the creations or product of his
intellect.
Donation
act of liberality whereby a person
disposes gratuitously of a thing or right in favor of
another who accepts it.
Prescription
one acquires ownership and
other real rights through the lapse of time in the
manner and under the conditions laid down by
law.
Succession
mode of acquisition by virtue of
which the property, rights and obligations to the
extent of the value of inheritance of a person is
transmitted upon his death to another either by will
or by operation of law.
Specific Rights of an Owner under
the Civil Code
- Right to self-help
- Right to enclose or fence
- Right to Receive Just Compensation
(in case of expropriation by Government) - Right to Accession
- Right to Space and Subsoil
- Right to Hidden Treasure
- Right to Recover Possession
Nuisance
Is any act, omission, establishment, business, condition of property,
or anything else which injures or endangers the health or safety of
others; annoys or offends the senses; shocks, defies or disregards
decency or morality; obstructs or interferes with the free passage of
any public highway or street, or any body of water; hinders or
impairs the use of property.
Examples of Right to Self-help
If a neighboring property creates a nuisance that interferes with the
landowner’s enjoyment of their property, such as excessive noise,
pollution, or odors, the landowner may have the right to take
reasonable steps to abate the nuisance. This might include asking
the neighbor to address the issue or taking measures to mitigate the
nuisance themselves.
Examples of Right to Self-help
If someone unlawfully enters the landowner’s property without
permission, the landowner may have the right to remove them from
the premises without resorting to legal action. This could involve
physically escorting the trespasser off the property or calling law
enforcement if the situation escalates.
Exception to right to self-help:
Act in State of Necessity
The owner of a thing has no right to prohibit the
interference of another with the same, if the
interference is necessary to avert in imminent danger.
The owner may demand from the person benefited,
indemnity for the damage to him
Example Of Exception to right to self-help: Act in State of Necessity
A building is on fire, and someone inside is trapped. The only way
to rescue them is by breaking a window of the neighboring
property to gain access to a ladder. In this scenario, the person
breaking the window is interfering with the neighboring property,
but it is necessary to avert the imminent danger posed by the
fire. The owner of the neighboring property cannot prohibit this
interference, but they can demand indemnity for any damage
caused to their property.
Right to Enclose or Fence
Every owner may enclose or fence his land or tenements by
means of walls, ditches, live or dead hedges or by any other
means without detriment to servitudes (easement)
constituted thereon.
Example of Right to Enclose or Fence
A homeowner may exercise their right to enclose
their property with a fence to provide privacy, security, and
delineation of their land. This could be a wooden fence,
chain-link fence, or other types depending on local regulations
and personal preferences.
Example involving a Right-of-Way
Let’s say there is a right of way easement granted to the owner
of higher lands, allowing them to access their property by
crossing the lower lands. In this scenario:
The owner of the lower lands cannot build a fence or any
structure that obstructs the pathway used by the owner of
the higher lands to access their property.
Similarly, the owner of the higher lands cannot widen the
pathway without permission, encroach further onto the lower
lands, or make changes that significantly burden the lower
lands.
Example involving Drainage Easement
Suppose there is an easement allowing the owner of higher
lands to drain water onto the lower lands. In this case:
The owner of the lower lands cannot fill in ditches or alter the
landscape in a way that prevents the natural flow of water as
agreed upon in the easement.
The owner of the higher lands cannot redirect additional
water onto the lower lands beyond what was originally
permitted in the easement, or take actions that would
worsen drainage issues for the lower lands.
Example involving View Easement
Imagine there is an easement in place where the owner of
lower lands cannot obstruct the view enjoyed by the owner of
higher lands. Here:
The owner of the lower lands cannot plant trees or construct
buildings that obstruct the view from the higher lands as per
the terms of the easement.
Conversely, the owner of the higher lands cannot demand
removal of all structures on the lower lands that slightly affect
the view, especially if such structures were there before the
easement was established.
Easement / Servitude
An encumbrance imposed upon an
immovable for the benefit of another
immovable belonging to a different owner
Dominant Estate
is the property that benefits from the
easement. It holds the right to use the servient estate for a
specific purpose.
Dominant Estate
the immovable in favor of which the easement is
established.
Examples of Dominant Estate
A property owner might have a right of way
easement over a neighboring property to
access a public road.
Examples of Dominant Estate
An owner might have an easement for a
scenic view over a neighboring property,
allowing them to maintain the view from their
property
Servient Estate
is the property burdened by the
easement. It is obligated to tolerate the rights granted
to the dominant estate.
Servient Estate
the immovable which is subject to the easement
Examples of Servient Estate
A property might have an easement allowing a neighbor
to run utilities (such as water or electricity lines) through
their land to reach the neighbor’s property. In this case,
the neighbor’s property would be the dominant estate,
and the property with the utility easement would be the
servient estate.
Examples of Servient Estate
A property might have an easement allowing another
property’s owner to cross it to access a river or lake. In this
case, the property with the easement for access would
be the dominant estate, and the property being crossed
would be the servient estate.
Classification of Servitudes (As to its exercise)
- Continuous
- Discontinuous
Continuous
Use may be incessant, without the intervention of any man
Discontinuous
Used at intervals, and dependent upon the acts of man.
A right of way easement allowing a landowner to access their property by
crossing over a neighboring parcel. This easement is continuous because it
provides ongoing and uninterrupted access to the landowner’s property.
Continuous
An easement allowing rainwater to drain from one property across another
property. This easement is discontinuous because it is not continuously
exercised but only applies when rainfall occurs and water needs to be
drained from one property to another.
Discontinuous
Classification of Servitudes
(As indication to its existence)
- Apparent
- Non-apparent
Made known and continually
kept in view by external signs that reveal the
use and enjoyment of the same
Apparent
No external indication of their
existence
Non-apparent
Modes of Acquiring Easements
By Title
By Prescription
By Title
juridical act which gives rise to the servitude
(e.g. law, donations, contracts or wills)
Deed of recognition by owner of servient estate
By affidavit or a formal deed acknowledging the servitude
By final judgment
Owner of the dominant estate must
file a case in Court to have the easement declared by
proving its existence through other evidence
By Prescription
- Easement must be continuous and apparent.
- Easement must have existed for 10 years.
- NO NEED for good faith or just title.
Right to Receive Just Compensation
(in expropriation by the government)
Eminent Domain
Property taken for public
use/purpose, but subject to due process and
payment of just compensation
(Market Value + consequential damages)
Right to Accession
the right by virtue of which the owner of a thing
becomes the owner of everything which is
produced thereby, or which is incorporated or
attached thereto, either naturally or artificially.
CLASSIFICATION OF ACCESSION
Accession Discreta (fruits)
Accession Continua
Accession Discreta (fruits)
the right pertaining
to the owner of a thing over everything produced
thereby. Right of ownership to the fruits.
(natural, industrial and civil fruit)
Natural fruits
are the products that naturally arise from the land or
property without significant human intervention
Industrial fruits
are products that require human labor or intervention to
produce.These fruits are typically the result of industrial or commercial activities
conducted on the property.
Civil Fruit
are the revenue or income generated by a property or asset,
typically through leasing, renting, or other forms of utilization.
These fruits are not physical products but rather monetary gains or
benefits derived from the property.
Accession Continua
the right pertaining to the
owner of a thing over everything that is
incorporated or attached thereto either naturally
or artificially or by external forces.
Alluvion
It is a type of accretion that specifically
refers to the deposit of soil or sediment by the action of
flowing water, usually in a river or stream.
Land automatically owned by the new riparian
owner to offset the owner’s loss from possible erosion
due to the current of the river.
TRUE
Avulsion
it is the sudden and perceptible loss or addition of land due to the sudden action of water, such
as a flood, earthquake, or sudden change in a watercourse. Unlike accretion, which is a gradual process, avulsion involves a rapid and noticeable change in the shape or size of land.
Right to Space and Subsoil
refers to the legal entitlement that a property owner has regarding the space above and the ground beneath their property
Air Rights (Rights to Space)
grants the property
owner control over the airspace above their property up to a
certain height.
Air Rights (Rights to Space)
These rights typically include the ability to use and develop the
space above the property, such as constructing buildings, installing
structures, or conducting activities that involve airspace.
Air Rights (Rights to Space)
are subject to zoning regulations, building codes, and
other legal restrictions imposed by local authorities to ensure safety,
aesthetics, and the preservation of public interests.
Subsurface Rights (Right to Subsoil)
refers to the property owner’s control and ownership of the ground beneath the surface of their property.
Subsurface Rights (Right to Subsoil)
This includes the right to extract natural resources such as minerals,
oil, or gas found beneath the property’s surface, subject to legal
regulations and permits.
Subsurface Rights (Right to Subsoil)
also encompass the right to build foundations, excavate for construction purposes, or undertake underground activities within the property boundaries.
Legal Considerations
The right to space and subsoil is not absolute and may be subject
to limitations imposed by laws, regulations, easements, or
agreements with neighboring property owners.
Government authorities may retain certain rights over airspace and
subsurface areas for public purposes, such as air travel, utility
infrastructure, or environmental conservation.
TRUE
Right to Hidden Treasure
Finder by chance who is not a trespasser gets ½ of the value of
the hidden treasure, but if a trespasser he gets nothing or right
of the state to acquire things of interest to science or the arts
subject to just compensation for the owner
Hidden treasure
any hidden and unknown deposit of money, jewels or other precious objects, the lawful ownership of which does not appear. Belongs to the owner of the land.
Right to Recover Possession
refers to a legal entitlement that allows a person or entity to regain control or ownership of property that they believe rightfully belongs to them. This right typically arises in situations where the possession of property has
been wrongfully taken or interfered with by another
party.
Ejectment suits
are legal proceedings used to
recover possession of real property from someone
wrongfully occupying it. These suits are typically brought
by a person or entity who claims rightful ownership or
the right to possess the property against a party who is
in wrongful possession of it, such as a tenant who refuses
to vacate after lease termination or a squatter who
occupies the property without permission
Forcible Entry
Lawful possessor deprived through force, intimidation, strategy, threats, stealth
Must be filed 1 year from dispossession (force, intimidation,
threats) or from knowledge of dispossession (strategy, stealth)
Unlawful Detainer
Possessor refused to vacate upon demand by owner.
Legal possession (by permission/ tolerance) becomes unlawful
upon failure to vacate
Must be filed 1 year from last notice to vacate
Accion Publiciana
Recovery of a better right to possess
Judgment as to who has the better right of possession
The plaintiff must demonstrate prior possession and a better right to possess the property than the defendant.
Ownership of the
property is not the central issue, but rather the right to possess it.
Also, actions for ejectment not filed within 1 year must be filed as
accion publiciana
Must be filed within 10 years
Accion Reivindicatoria
Recovery of ownership of real property
The plaintiff must prove absolute ownership of the property being claimed. The focus is on establishing the plaintiff’s title to the property and asserting their right to possess it based on that ownership.
Must be filed within 30 years
Replevin
is a legal remedy that allows a party to recover personal property that has been wrongfully taken or detained by another party. It is typically used when the rightful owner of personal property seeks to regain possession of that property from someone who is wrongfully withholding it.
Is also known as “claim and delivery” in some
jurisdictions
Right to self-help
A principle which authorizes an owner or lawful possessor
of a property to use reasonable counterforce to prevent
or stop another person from taking the former’s property.
Right to self-help
If someone unlawfully enters the landowner’s property without
permission, the landowner may have the right to remove them from the premises without resorting to legal action. This could involve physically escorting the trespasser off the property or calling law enforcement if the situation escalates.
Right to self-help
If a neighboring property creates a nuisance that interferes with the
landowner’s enjoyment of their property, such as excessive noise,
pollution, or odors, the landowner may have the right to take
reasonable steps to abate the nuisance. This might include asking
the neighbor to address the issue or taking measures to mitigate the
nuisance themselves.
Nuisance
Is any act, omission, establishment, business, condition of property,
or anything else which injures or endangers the health or safety of
others; annoys or offends the senses; shocks, defies or disregards
decency or morality; obstructs or interferes with the free passage of
any public highway or street, or any body of water; hinders or
impairs the use of property.
Exception to right to self-help:
Act in State of Necessity
The owner of a thing has no right to prohibit the interference of another with the same, if the
interference is necessary to avert in imminent danger.
The owner may demand from the person benefited, indemnity for the damage to him
Right to Enclose or Fence
Every owner may enclose or fence his land or tenements by
means of walls, ditches, live or dead hedges or by any other
means without detriment to servitudes (easement)
constituted thereon.
Example of Right to Enclose or Fence
A homeowner may exercise their right to enclose
their property with a fence to provide privacy, security, and
delineation of their land. This could be a wooden fence,
chain-link fence, or other types depending on local regulations
and personal preferences.
Easement / Servitude
An encumbrance imposed upon an immovable for the benefit of an owner
Dominant Estate
the immovable in favor of which the easement is
established.
Dominant Estate
is the property that benefits from the easement. It holds the right to use the servient estate for a
specific purpose.
The dominant estate typically has the right to access, use, or
enjoy the servient estate in accordance with the terms of
the easement.
TRUE
Examples of Dominant Estate
A property owner might have a right of way easement over a neighboring property to
access a public road.
Examples of Dominant Estate
An owner might have an beasement for a scenic view over a neighboring property, allowing them to maintain the view from their property.
Servient Estate
the immovable which is subject to the easement
Servient Estate
is the property burdened by the
easement. It is obligated to tolerate the rights granted to the dominant estate.
The owner of the servient estate must allow certain uses
or actions by the owner of the dominant estate as
stipulated in the easement
TRUE
The servient estate typically cannot interfere with the rights granted to the dominant estate.
TRUE
A property might have an easement allowing a neighbor to run utilities (such as water or electricity lines) through their land to reach the neighbor’s property.
In this case, the neighbor’s property would be the dominant estate, and the property with the utility easement would be the
servient estate.
TRUE
A property might have an easement allowing another
property’s owner to cross it to access a river or lake.
In this case, the property with the easement for access would
be the dominant estate, and the property being crossed
would be the servient estate.
TRUE
Both land owner and builder/planter/sower are in good faith
Land Owner and Builder
The landowner hires a builder to construct a house on their property.
Both parties enter into a contract outlining the scope of work,
timeline, and payment terms. Throughout the construction process, the landowner ensures clear communication with the builder, promptly addresses any concerns or issues that arise, and makes timely payments for completed work. The builder, in turn, diligently follows the agreed-upon plans and specifications, uses quality
materials, and completes the project within the specified timeframe.
Both parties maintain a cooperative and respectful relationship, with
mutual trust and understanding.
Both land owner and builder/planter/sower
are in good faith
Land Owner and Planter/Sower
A landowner leases agricultural land to a farmer for planting crops.
They establish a lease agreement that outlines the terms and
conditions, including rent, duration of the lease, and responsibilities for
land maintenance.
The landowner provides necessary support to the farmer, such as access to water sources, equipment storage facilities, and periodic maintenance of infrastructure.
The farmer, on their part, diligently cultivates the land, follows sustainable agricultural practices, and pays rent on time. Both the landowner and the farmer maintain
open communication, resolve any issues amicably, and work towards
mutual benefit and success.
Both land owner and builder/planter/sower
are in good faith
Land Owner
right to acquire improvements and pay indemnity to builder/planter/sower
has option to sell the land to Builder or Planter if the value of the land is considerably more or rent to sower
Both land owner and builder/planter/sower are in good faith
Builder/Planter/Sower
right of retention until necessary and useful expenses are paid by
the land owner
Land owner in good faith while
builder/planter/sower in bad faith
Land Owner and Builder
A landowner hires a builder to construct a house on their property.
They provide all necessary permits, clear instructions, and timely payments for the work. The landowner also ensures the builder’s safety by adhering to safety regulations and providing a safe working environment throughout the construction process.
Despite receiving clear instructions and timely payments from the landowner, the builder cuts corners during construction, resulting in substandard workmanship and materials.
The builder may use inferior quality materials, neglect essential safety measures, or fail to adhere to building codes and regulations, putting the integrity of the structure at risk.
Land owner in good faith while
builder/planter/sower in bad faith
Land Owner and Planter/Sower
The landowner leases farmland to a farmer for planting crops.
They provide the agreed-upon terms in the lease, such as access to water sources, equipment storage facilities, and periodic maintenance of fences and boundaries. The landowner also maintains open communication with the farmer to address any concerns or issues that may arise during the lease period.
However, the farmer fails to fulfill their obligations under the lease agreement, such as neglecting to maintain the land properly, using prohibited pesticides or fertilizers, or failing to pay rent on time. The farmer may also engage in activities that damage the land, such as overgrazing or improper soil management, despite the
landowner’s explicit instructions to the contrary.
Land owner in good faith while
builder/planter/sower in bad faith
Land Owner
right to collect damages in any case and has option to acquire
improvements without paying for indemnity, demolition or
restoration, sell the land to Builder or Planter if the value of the
land is considerably more or rent to sower
Land owner in good faith while
builder/planter/sower in bad faith
Builder/Planter/Sower
right to collect damages in any case and has option to acquire
improvements without paying for indemnity, demolition or
restoration, sell the land to Builder or Planter if the value of the
land is considerably more or rent to sower
Land owner in good faith while
builder/planter/sower in bad faith
Builder/Planter/Sower
recover necessary expenses for preservation of land from land
owner unless land owner sells the land
Land owner in bad faith while
builder/planter/sower in good faith
Land Owner and Builder
The landowner hires a builder to construct a commercial building
on their property.
During the construction process, unforeseen challenges arise, such as adverse weather conditions or delays in obtaining necessary permits. Despite these difficulties, the builder works diligently to address the issues and complete the project on time and within budget.
However, the landowner unjustly
withholds final payment or refuses to compensate the builder for additional expenses incurred due to the delays, despite the builder’s good faith efforts to fulfill their contractual obligations.
Land owner in bad faith while
builder/planter/sower in good faith
Land Owner and Planter/Sower
The landowner leases agricultural land to a farmer for planting
crops. Despite the landowner’s promise to provide necessary
irrigation infrastructure, they fail to do so, causing difficulties for
the farmer in maintaining the crops. However, the farmer
continues to invest their time and resources into the land,
hoping that the landowner will fulfill their obligations eventually,
demonstrating the farmer’s good faith in honoring the lease
agreement.
Land owner in bad faith while
builder/planter/sower in good faith
Land Owner
acquire improvement after paying indemnity and damages to
builder/planter/sower unless latter decides to remove
Land owner in bad faith while
builder/planter/sower in good faith
Builder/Planter/Sower
may remove improvements, be indemnified for damages in any
event
Ownership
Independent right of exclusive enjoyment and control of a thing
Possession
The holding of a thing or the enjoyment of a right whether by
material occupation or by the fact that the thing or the right is
subjected to the action of our will
If someone possesses a property, it does not mean that he is the
true owner. The true owner has a right of action against the possessor of the thing in order to recover it.
TRUE
Degrees of Possession
- Possession without any title whatsoever
- Possession with the just title but not from the real owner
- Possession with the juridical title
- Possession with a title in fee simple
Possession without any title or
whatsoever
This refers to occupation of a property without possessing legal
ownership rights. While the individual may be in actual
possession of the property, they do not have legal
documentation or formal recognition of ownership.
May arise in situations where there is no clear legal title to the property, such as in cases of adverse
possession or informal agreements.
Possession with the just title but not
from the real owner
Refers to a situation where an individual possesses property
based on a legal document that appears to convey
ownership rights, but the transfer of title was not executed by
the true owner or there are doubts regarding the validity of
the title transfer.
Possession with the juridical title
Indicates that the individual not only has physical possession
of the property but also holds legal documentation
recognizing their ownership rights. This title is supported by law
and provides the owner with legal protection and recourse in
case of disputes. It signifies a higher level of certainty and
security compared to possession without title.
Possession with title in fee simple
It represents the highest form of ownership interest in real
property. It signifies absolute ownership, where the owner
has full control and rights over the property, including the
right to possess, use, transfer, and dispose of the property as
they see fit, subject only to applicable laws and regulations.
Title in fee simple is considered the most comprehensive and
secure form of property ownership.
Nature of Possession
- Act of Possession
- Fact of Possession
- Right of Possession
Act of Possession
refers to the physical control or
occupation of a property by an individual or entity.
It involves actions that demonstrate control over the
property, such as occupying a piece of land,
residing in a house, or using a vehicle. It is observable and tangible, representing
the actual exercise of control over the property.
Fact of Possession
relates to the objective reality
of the possession. It acknowledges that possession
exists as a factual circumstance, regardless of any
legal recognition or rights associated with it. It recognizes that someone is physically
occupying or controlling the property, irrespective
of the legality or legitimacy of their claim.
Right of Possession
refers to the legal entitlement
or authority to possess and control the property. It
represents the legal recognition of the possessor’s
claim to the property and the rights associated with
that possession. May arise
from ownership, lease agreements, contractual
arrangements, or other legal mechanisms that
confer possession rights.
Extent of Possession
- Actual Possession
- Constructive Possession
Actual Possession
refers to physical control or
occupancy of property by an individual or entity. It
involves direct and immediate physical presence
and control over the property. The person exercising
actual possession is physically present on the
property and actively uses, occupies, or controls it.
Constructive Possession
refers to a legal fiction where a
person is deemed to have possession of property even if
they do not have physical control over it. It arises when a
person has control or authority over the property, even
though it may not be in their immediate possession
Ways of Acquiring Possession
- By material occupation or exercise of a right
- By subjection of a thing or right to our will
- By proper acts and legal formalities established for
acquiring such right of possession
By material occupation or exercise of a right
(thru physical presence or legal entitlement)
Adverse possession occurs when someone occupies and uses another
person’s property openly, notoriously, continuously, and without the
owner’s permission for a certain statutory period. If the requirements are
met, the adverse possessor may acquire legal title to the property.
By material occupation or exercise of a right
(thru physical presence or legal entitlement)
Exercising legal rights associated with property ownership, such as
easements, can lead to the acquisition of possession. By asserting these
rights and utilizing them according to legal requirements, individuals or
entities establish their possession over specific aspects of the property.
By subjection of a thing or right to our will
(thru actions or intentions)
Making improvements or developing property according to one’s will
can demonstrate possession. This includes activities such as
constructing buildings, planting crops, or installing infrastructure, which
assert control and enhance the value of the property
By subjection of a thing or right to our will
(thru actions or intentions)
Exclusively using and enjoying property according to one’s will can
establish possession. This involves activities such as residing in a home,
operating a business, or utilizing land for recreational purposes, which
demonstrate control and dominion over the property.
By proper acts and legal formalities established for
acquiring such right of possession
(thru following established procedures)
Acquiring possession through the transfer of a deed or title, which
legally conveys ownership rights from one party to another. This may
involve executing a deed of conveyance, recording the transfer with
relevant authorities, and complying with any legal formalities required
for the transfer to be valid.
By proper acts and legal formalities established for
acquiring such right of possession
(thru following established procedures)
Acquiring possession through the registration or recording of property
interests with relevant governmental authorities. This includes recording
deeds, titles, or other instruments affecting property rights to establish
legal notice and priority of interests
Modes of Losing Possession
- By abandonment
- By assignment
- By destruction, total loss, withdrawal from commerce
- Possession of another for more than 1 year
- Recovery by lawful owner or possessor
By abandonment
occurs when an individual or entity voluntarily relinquishes control
and possession of property with the intention of permanently
abandoning it.
By abandonment
Abandonment of personal property occurs when the
owner voluntarily surrenders possession and control of movable
assets, such as furniture, vehicles, or belongings. This may involve
leaving personal property unattended in a public place, disposing
of it, or neglecting to exercise ownership rights over it for an
extended period.
By assignment
typically involves transferring possession rights to another party
through a legal assignment agreement
By assignment
John, a tenant, needs to terminate his lease early due to
a job relocation. He arranges to assign his leasehold interest to
Emily, who agrees to take over the lease for the remaining term.
Through a formal assignment agreement, John transfers his
possession rights to Emily, allowing her to assume occupancy of
the apartment and effectively terminating John’s tenancy.
By destruction, total loss,
withdrawal from commerce
occurs when property becomes unusable or inaccessible due to
damage, destruction, or removal from circulation
By destruction, total loss,
withdrawal from commerce
If a warehouse containing inventory is destroyed in a
fire, the owner loses possession of the goods due to their total loss.
Similarly, if a company withdraws a product from the market due
to safety concerns, the owner effectively loses possession as the
item is no longer available for sale or use.
Possession of another for more
than 1 year
Article 555 of the new Civil Code recognizes that a
possessor may lose his possession de facto by the
possession of another when the latter’s possession has
lasted longer than one year. However, his real right of
possession is not lost until after the lapse of 10 years.
Recovery by lawful owner or
possessor
occurs when the rightful owner or possessor takes legal
action to reclaim property that was wrongfully held or
possessed by another party.
Recovery by lawful owner or
possessor
Ejectment suits, “accion publiciana” &
“accion reivindicatoria”, replevin
Land Registration before Torrens System
In the early days of the South Australian colony, land
ownership operated under the English “common law”
conveyancing system. To transfer land, sellers had to
establish ownership through a “chain of title,”
demonstrating an unbroken ____________.
series of deeds
Original deeds were frequently lost or held by absentee
landowners, making tracing difficult. Some deeds were
complex or defective, and sellers often withheld them.
Buyers faced uncertain titles, risking accusations of fraud
and forfeiture if undisclosed deeds emerged.
TRUE
Robert Richard Torrens
son of Colonel
Robert Torrens, who was tasked with
planning South Australia’s colonization,
assumed the role of Collector of
Customs in Adelaide in 1840.
the land titling process was convoluted, uncertain, and
favored only those who benefited from its complexity. Torrens saw
potential in adapting the ship regulation model to land
transactions. While there was considerable public support, many
anticipated opposition from the legal profession.
TRUE
Land Titles Reform
In June 1857, Torrens presented his Bill to Parliament,
outlining its key provisions:
- Simplified, standardized forms aimed to eliminate the
necessity of a solicitor except in intricate cases. - Upon sale, the title would be surrendered and a new
grant issued. - Registration alone would suffice to validate land
transactions.
Encountering minimal opposition, the Bill was passed in 1857,
resulting in the enactment of the Real Property Act 1858. This
Act established the Land Titles Board, empowered to confer
a title of real property through a _____________ rather than a
deed. Following the Act’s passage, Torrens resigned from the
House and assumed the role of the inaugural RegisterGeneral of Titles.
certificate
The ______________ was introduced in the Philippines
within the bounds of the _______________________,
which took effect on _______________, This law was
amended and superseded by P.D. No. 1529, which
took effect on ___________, otherwise known as the
___________________.
Torrens System, Land Registration Act 496, February 1, 1903, June 11, 1978, Property Registration Decree
Nature of Torrens System in the
Philippines
It is judicial in character and not merely administrative in
nature.
TRUE
Judicial proceedings for the registration of land throughout in
the Philippines shall be ______ and shall be based on the
generally accepted principles underlying the Torrens system.
in rem
The manner of initiating the proceeding is _________in
character under ACT 496 as amended by PD 1529 and
________ under ACT 2259 and Section 53 of
Commonwealth Act 141
voluntary, compulsory
Nature of Torrens System in the
Philippines
TRUE
Nature of Torrens System in the
Philippines
It is conclusive upon the whole world including the
government.
TRUE
Nature of Torrens System in the
Philippines
The title issued is indefeasible and cannot be lost by
prescription.The purpose of the system is to quiet title to land and to stop
forever any question as to its legality
TRUE
Quieting of Title
A legal action also known as an action of quiet title that is
intended to clarify ownership of a given property.
Quieting of Title
typically used in cases where title action is often protected
by attempts from outside entities to acquire the property in
question
ADVANTAGES OF THE TORRENS SYSTEM
1) The title issued is indefeasible
2) The title is conclusive evidence of ownership
3) It relieves the land of unknown liens or claims against it
4) It raises the value of the land
5) The title to the land becomes secure, abbreviated
and clear
6) No encumbrance, lien or adverse claim can affect the land
unless registered in the Registry Book and annotated in the
owner’s duplicate certificate.
7) The method of dealing with the land becomes
simplified
8) The title to land is quieted
9) An assurance fund is provided to answer for damages which
may be incurred by anyone deprived of his property through
fraud or the operation of the PD 1529
With the Torrens System, the title to the land is presented in a clear
and concise format within the title certificate. This document serves
as _____________, providing clarity regarding the
registered owner’s rights and interests in the land. Additionally, any
encumbrances or restrictions affecting the property are ________,
ensuring transparency for all parties involved in land transactions.
conclusive evidence of ownership, disclosed
