Module 1 Flashcards
_____ is the entire non-reproducible, physical universe outside of humans. All air, soil, minerals and water, all natural resources, as well as the ground are included in the
definition of _____?
Land
Characteristics of Land
Immobility, Finiteness, Permanence, Unique, Physical Features
Earliest source of authority to use the land based on the Judeo-Christian
tradition as contained in Genesis & on the Greek Myth of Prometheus.
God
The later source of authority to use land as contained in the Regalian Doctrine & the Spanish Encomiendas.
State or Society
Highest form of tenure on land that is bestowed by the state on an individual through a legal title that gives owner right to dispose of his property.
Fee Simple Absolute
Introduced the idea that man is part of
nature / harmony with nature.
Eastern and Indian Traditions
A concept also of biblical origin but emphasizing the idea of prudent management of something held in trust.
Stewardship
Another concern for good land use that later evolved, although there is uncertainty as to the time span of concern for the future
Concern for Posterity
By Gifford Pinchot, a modern idea on land use that has a wider meaning than preservation that includes concept of stewardship & posterity (sustained yield & multiple use).
Conservation
Land is the solid portion of the earth (also known as _____?) on which we live our daily lives
Terra Firma
In a legal sense, land is any ground, soil, or earth that is regarded as the _____?, and everything annexed to it whether by nature or by man extending indefinitely vertically upwards and downward
Subject of Ownership
The legal or governmental attributes of land include?
Ownership type, Bundle of rights attached to the property, the type and amount of taxation, zoning and
building laws, planning and restrictions.
In a legal sense, this refers to surface resources & thin layer of subsurface and
suprasurface resources man uses in his daily life
Land
In an economic sense, land is a _____? but it can also be man-made; often regarded as a _______? that can be supplied to meet certain requirements for the satisfaction of human wants.
Natural Resource, Good or Commodity
Why is land now a scarce resource?
Due to population increase versus the finiteness of land
Means “the owner of the land owns everything up to the sky and down
to the center of the earth”.
A. aut neca aut necare
B. cuius est solum, eius est usque ad coelum et ad inferos
C. barba tenus sapientes, barba crescit caput nescit
D. damnant quod non intellegunt
B. cuius est solum, eius est usque ad coelum et ad inferos
How to conduct a fixture or chattel test?
Through:
1. Degree and Method of annexation
2. Object and Purpose of annexation
What are the limitations on a land owner’s rights?
- Airspace
- Water
- Boundaries—presumptions
- Land—minerals.
- Chattels—fixtures or not?
- Wild animals.
- Social legislation—planning, housing.
the owner of land has rights over his _____. Invasion of the airspace at the ______? (extending to about 200 meters from roof level), amounts to trespass.
Airspace, Lower Stratum
The general public has rights to take advantage of the _____?, for all that ‘science now offers in the use of airspace’ if use would not cause economic interference and loss of enjoyment to the owner of the land.
Upper Stratum
Any physical property that is permanently attached (fixed) to real property (usually land). Ownership of land includes ownership of ____? on the land.
Fixtures
An object found buried in the ground belongs to the owner of the land called?
Underground Objects
Where the object or item found buried in the ground amounts to _____?, the rightful owner is the State.
Treasure Trove
The owner of the land has a qualified property in wildlife such as _____? which are found within the boundaries of his land.
Wild Animals and Fish
An object _______? belongs to the finder (if he is not a trespasser) unless the owner of the land manifested intention to retain control over such items.
Found on the Ground
Functions of Land
Land (is):
- Supports Life
- Territory
- Property
- Economic Resource
- Source of Wealth
- Factor of Production (Land also Labors and Capital)
- Commodity/Consumption Good
- Living Space
- Supports Ecosystems
State or fact of exclusive rights and control over a property. This implies responsibility: the owning entity makes rules governing the use of the
property
Ownership
Land ownership involves _____? which is the right to use, rights to develop, dispose, destroy, control,
etc.
Bundle of Rights
_____? is the key building block in the development of the capitalist socio-economic system
Ownership
To own and operate property, _____? have been created in many societies e.g.
cooperatives, corporations, trusts, partnerships, associations are only some of the varied types of structured ownership.
Systems
The right or capacity to have and to hold land for certain uses. It also means:
- Holding of a property by reference to a superior
- Exclusion of others in the use and disposal of the land
- Period of time for which the property is held
Land Tenure
Right held by the State to take title of private land by government for public
or quasi-public use, aka right of eminent domain
Right to Condemn
Right held by the State to protect and promote public health, safety, morals and general welfare
Police Power
Right held by the State to force land to revert to public ownership if (a) taxes are not paid; (b) the land is abandoned; (c) there are no heirs to the land.
Power of Escheat
Right held by the state in regards to real property, idle land, land transfer, and public land use taxes
Right to Tax
A legal limitation to the bundle of rights where land use classifications and the allowable utilization under each
classification.
Zoning
A legal limitation to the bundle of rights where the power of government or any of its political subdivisions to impose charge or burden upon persons, property or property rights for the use and support of the government.
Taxation
A legal limitation to the bundle of rights where the power of the State or any of its instrumentalities to take private
property for public use and payment of just compensation.
Eminent Domain
Limitations to the bundle of rights where those imposed by the grantor of the property to the grantee, either by contract or by last will; or those imposed by the owner, himself such as voluntary easement, mortgage, lease, use restrictions in subdivision contracts, etc.
Contractual or Voluntary Limitations
Assets that a state or certain state agency has jurisdiction over in terms of use.
State Ownership
Assets belonging to a body of government are called ____? while assets owned by a government or state that are available for public use to all their constituents are called ____?
Government Ownership, Public Property
Assets and property belonging to an individual, also known as individual
ownership.
Personal Ownership
Assets and property that are held in common by all members of society (in some cases, non-ownership).
Common Ownership
Property held in common by a commune.
Communal Ownership
Assets and property that belong to a collective body of people who control their use and collect the proceeds of their operation.
Collective Ownership
A subset of collective property whereby a collective group of owners (such as shareholders) own productive property
that is used by employees, usually for the purpose of generating a profit are called ____? while property that is owned by those who operate and
use it are called ____? (Also referred to as social ownership)
Private Collective Ownership, Cooperative Ownership
In the _____?, lands were previously held in ___? and with private individual rights such as residential lots.
Pre-Colonial Period, Common
In the _____?, all lands were considered property of the Spanish King according to ____? The Spanish Period was also where the concept of _______? started to etake root.
Spanish Period, Regalian Doctrine, Private Property
In charge of recording and registration (in Spanish)
“Oficina de Terenos”
In the _____?, Spanish titles remain ____? and a new system was implemented to ensure stability, rationality, predictability and security in dealings with registration of land and transaction on land called the _____?
American Period, Valid, Torrens System
An example of a land law in the American Period designed to allow landless to acquire 16 has. of public land by establishing homestead and cultivating it for 5 years, for a nominal fee.
Enacted Public Lands Act
An example of a land law in the American Period which were supposed to benefit landless peasants, led to an even more skewed distribution of land.
Homestead Act
In the ______?, Not all lands were registered under Spanish Mortgage Law or American Period-Land Registration Law. _____? was enacted and provided more modes of acquiring land (e.g. homestead patents, free patents and sales patents). Mostly concentrated in agri/rural lands, lands vested had to yield to superior rights.
Commonwealth Period, Public Lands Act
In the ______?, high population growth combined with increasingly skewed distribution of land leads to squatting, first in public lands then in private landholdings.
Post-war to Present Period
Methods of acquiring land from government (homesteads, free patents)
Public Grant
Methods of acquiring land from transfer from private
Private Grant
Methods of acquiring land from heirs succeed the deceased owner
Descent
Methods of acquiring land from when soil/earth and other deposits settles and attaches to other lands by natural process
Accretion
Methods of acquiring land from filling of submerged lands by deliberate act.
Reclamation
Methods of acquiring land from acquired by adverse possession and
continued /uninterrupted possession in 10yrs if thru good faith; 30 years if wanting in good faith
Adverse Possession or Prescription
Methods of acquiring land from eminent domain, land confiscation
Involuntary Alienation
Methods of acquiring land - heirs is not related to owner
Devise
Methods of acquiring land from grant of agricultural land to tenant farmers
through land reform
Emancipation Patent or Grant
Refers to ownership or claim of ownership. This implies possession, either actual or constructive, although possession does not necessarily imply ____?
Land Titles
Evidence of right or extent of interest of owner over a parcel of land
Certificate of Title
Types of title in the Spanish Period where royal grant, given to favored individuals (usually encomienderos);
vested absolute title
Titulo Real
Types of title in the Spanish Period - Also called title by composition with the state; issued as a compromise between government and informal settlers/ occupants
Titulo de Composicion El Estado
Types of title in the Spanish Period- possessory information; provided for
ripening and confirmation of possession into ownership after period of 20 years
Titulo de Information Possesoria
Types of title in the Spanish Period - title by purchase
Titulo de Compra
The _____ system still has the Torrens System in effect, the Spanish Mortgage Law which requires the Spanish certificate of titles to be registered
under Torrens System (PD), and Lands covered by Spanish certificate of Titles who fail to be registered per PD would
be considered “unregistered lands”. Also has RA 4726: _______?, which states:
- Common undivided interest over land and common areas
- Separate absolute right or interest over condominium unit
- Covered by Condominium Certificate of Title
Current, The Condominium Act
Mode of acquiring A&D land suitable for agricultural purposes, through administrative confirmation of imperfect or incomplete title.
- Filipino, not > 12 has of land
- Occupied, cultivated by applicant & predecessor in interest prior to 4/1990 (RA 6940) for at least 30 years
Free Patent
Mode of acquiring A&D land suitable for agricultural purposes, conditioned on actual cultivation and residences.
- Filipino, over 18 or head of the family
- not > 12 has of land
- Married women can’t apply (with exceptions)
Homestead Patent
Mode of acquiring any tract of A&D land for agricultural purposes
Sales Patent
Mode of acquiring land thru special Law (Congress), proclamation (President)
- Filipino citizen or GOCC, LGU, branch of government
- Term: 25 + 25 years
Special Patent
Mode of leasing foreshore lands for residential, commercial, industrial, or other productive purposes other than agricultural. Requisites:
- Individual Filipino, 18 or head of the family
- Corporation (60% Filipino owned)
- Land not needed for public service
Foreshore Lease Application
Examples of Additional Property Rights in the PH:
- Indigenous People’s Rights (per IPRA)
- Issuance of Cert. of Ancestral Land Titles
- Issuance of Ancestral Domain Title
Title is absolute
Fee Simple
Exposes to hazards of litigation and/or claim
Doubtful Title
Vests no title, conveys no property; usually obtained thru fraud or
similar means
Bad Title
Instrument issued by the RD of the place where the land is located declaring the owner in fee simple of certain real property described therein, free from all liens and encumbrances, except such as may be expressly reserved or noted therein.
* Evidence of ownership
* True copy of the decree of registration
Certificate of Titles
A document evidencing ownership issued for the first time after the land has been adjudicated and decreed in the name of its owner in original or initial
registration proceedings by the RD.
Original Certificate of Title (OCT)
The rules governing property ownership in the Philippines is handled by the Land
Registration Authority (LRA), and is primarily based on the Torrens System of Land Registration. A Registry of Deeds (RD) is assigned to keep records of every land title in a city or municipality, they keep the original copy of registered land titles; while an “Owner’s Duplicate Certificate” is given to the current property owner. Issued after the cancellation of the OCT in favor of another owner/s. The land is transferred by the former registered owner to the new owner/s by sale or other reasons.
Transfer Certificate of Title (TCT)
Issued in favor of individual unit owners of the condominium project. The land is
transferred by the former registered owner to the new condominium owner.
Condominium Certificate of Title (CCT)
Grounds for Cancellation of Title:
- Title is void if:
- Procurement through fraud
- Issued for land covered by prior title
- Covers land reserved for military, naval or civil public purposes
- Covers land that hasn’t been brought under the registration proceedings - Title is replaced by one issued under a cadastral proceeding
- When the registered owner has violated the condition for its issuance.
Grounds for Reconstitution:
- Certificate of title was lost/destroyed
- Petitioner is the registered owner or has an interest therein
- Certificate of title was in force at the time it was lost or destroyed
An Act Providing a Special Procedure for the Reconstitution of Torrens Certificate of Title Lost or Destroyed
R.A. No. 26
Amending and Codifying the Laws relative to Registration of Property and for other purposes; otherwise known as Property Registration Decree.
P.D. 1529
An Act Allowing Administrative Reconstitution of Original Copies of
Certificates of Titles Lost or Destroyed due to fire, flood and other force majeure, amending for the purpose Section 110 of PD 1529 and Section 5 of RA 26
R.A. 6732
The description of the boundaries on the certificate of title is based on a survey of the land. A geodetic engineer or surveyor is usually tapped to “locate” the tract of land and asked to identify its boundaries.
Land Survey
Surveys of extensive areas consisting of several lots for cadastral registration
proceedings, agricultural development, or for any purpose related to Cadastral Act.
Cadastral Land Surveys
Surveys of extensive areas that take into account the curvature of the earth. This
shall be made for the purpose of determining the geographic positions of reference points of cadastral projects and other expansive isolated surveys.
Geodetic Surveys
Surveys of isolated parcels of land used for agricultural, residential, industrial,
commercial, resettlement, or other purposes.
Isolated Land Surveys
What are the points of reference for land surveys?
- Bureau of Lands Location Monument (BLLM) and other political boundary
monuments (P/C/M/B Boundary Monument) - Triangulation stations established by Bureau of Lands, Bureau of Coast Geodetic Survey, US Army Corps of Engineers, NAMRIA, other organizations (standards)
- Primary stations of Cadastral Survey
- Church, towers, historical monuments, other prominent permanent structures of known PRS 92 geographic or grid coordinates
- Stations established by GI Systems; Doppler, Hiran and other similar stations of at least third order accuracy
A method of describing boundaries of a site is called metes and bounds description. The certificate of title describes the boundaries, length of lines, direction of line bearings
referred to by number of degrees, minutes and seconds, and the line location either east or west of a north-south line.
Metes and Bounds
