Title II. Ch. 3. Quieting of Title and Ch.4. Ruinous Buildings and Trees in Danger of Falling Flashcards
Art. 476. Whenever there is a […], by reason of any […] which is […] but is in truth and in fact […], an action may be brought to remove such cloud or to quiet the title.
An action may also be brought to […].
Art. 476. Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title.
An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein.
What is a cloud on title?
A cloud on title is a semblance of title, either legal or equitable, or a claim or a right in real property, appearing in some legal form but which is, in fact, invalid or which would be inequitable to enforce (De Leon, citing Ballentine Law Dict.)
What are the requisites for the existence of a cloud?
A cloud (doubt or uncertainty) on title exists when the following conditions are present:
- There is an instrument, record, claim, encumbrance or proceeding which is apparently valid or effective;
- Such instrument, etc. is, in truth and in fact, invalid, ineffective, voidable or unenforceable (despite its prima facie appearance of validity or legal efficacy), or has been extinguished or terminated, or has been barred by extinctive prescription; and
- Such instrument, etc. may be prejudicial to said title.
What are instances of cloud of title?
Some instances when cloud of title on real property exist are:
- An absolute fictitious contract of sale or a sale with simulated consideration;
- A sale by an agent without written authority or after expiration of his authority;
- A forged contract;
- A contract of sale or donation which has become inoperative because of non-performance by the vendee or donee of a condition precedent; and
- A voidable contract, i.e. where consent was given through mistake, violence, intimidation, undue influence, or fraud (Art. 1330), or by one without capacity.
What is the meaning of an action to remove cloud or to quiet title?
- It is a remedy or proceeding;
- Its purpose is to adjudicate a claim of title by a plaintiff against another who is said to hold the title invalidly or inoperativey and defectively;
- Remedy availed of only when there is an instrument which appears valid but is in fact invalid, voidable or unenforceable; there is a cloud or doubt cast on the property
An action to remove cloud or to quiet title is a remedy or proceeding which has for its purpose an adjudication that a claim of title to realty or an interest thereon, adverse to the plaintiff, is invalid or inoperative, or otherwise defective and hence, the plaintiff and those claiming under him may forever be free of any hostile claim. It is a remedy which may be availed of only when by reason of any instrument, etc., which appears valid but is, in fact, invalid, ineffective, voidable, or unenfoceable, a cloud is thereby cast on the complainant’s title to real property or any interest therein.
What are the requisites such that an action to quiet title might prosper?
Two (2) requisites must concur, namely:
- (a) The plaintiff or complainant has a legal or an equitable title to, or interest in the real property subject of the action; and
- (b) The deed, claim, or proceeding claimed to be casting cloud on his title must be shown to be, in fact, invalid or inoperative despite its prima facie appearance of validity or legal efficacy.
What are the properties to which the action to quiet title is applicable?
(1) Real property or any interest therein (General rule). – The action to quiet title applies to real property only and not to personal property, and with respect to real property, it may refer to the title or only an interest therein, such as usufruct, servitude, lease record, and real mortgage;
(2) Certain types of personal property (Exception). – The law, however, does not expressly exclude personal property from actions to quiet title. By analogy, and as a matter of equity, the provisions may be applied to personalty under exception circumstances with respect to certain types of property (e.g. vessels, motor vehicles, certificate of stocks) which partake of the nature of real property or are treated to some extent as realty because of registration requirements for ownership or transactions (e.g. chattel mortgage) affecting them.
What do we mean when we say that an action to quiet title is a suit quasi in rem?
In an action to quiet title, the judgment therein is enforceable only against the defeated party and his privies and shall not prejudice persons who are not parties to the action.
Does the action to quiet title prescribe?
The prescriptibility of the action to quiet title depends on whether the plaintiff is in possession of the property or not.
(1) plaintiff in possession – does not prescribe;
(2) plaintiff not in possession – 10 years (ordinary) or 30 years (extraordinary); but may be barred by laches.
Laches is failure or neglect, for an unreasonable length of time to assert a right, warranting a presumption that the party entitled to assert it has abandoned or declined to assert it.
Art. 477. The plaintiff must have […], or […] which is the subject matter of the action. he need not […].
Art. 477. The plaintiff must have legal or equitable title to, or interest in the real property which is the subject matter of the action. He need not be in possession of said property.
What are the requirements upon the plaintiff who brings an action to quiet title?
- Legal title – may consist in full ownership or in naked ownership which is registered in the name of the plaintiff; or
- Equitable title – that which has beneficial interest in the property the legal title of which pertains to another (e.g. trustee); or
- Interest in property – any interest short of ownership, like the interest of a mortgagee or a usufructuary.
Does the plaintiff in a action to quiet title required to be in possession of the property?
No. The plaintiff need not be in possession of the subject property. (Art. 477)
Art. 478. There may also be an action to quiet title or remove a cloud therefrom […], or has been […].
Art. 478. There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription.
Art. 479. The plaintiff must return to the defendant […] from the latter, or reimbruse him for […].
Art. 478. There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription.
Art. 480. The […] are hereby adopted insofar as they are not in conflict with this Code.
Art. 480. The principles of the general law on quieting of title are hereby adopted insofar as they are not in conflict with this Code.
