CLEAN TITLE : How to check in the Philippines
by Marjun Ursos on August 19, 2024
STEPS IN CHECKING A CLEAN TITLE IN THE PHILIPPINES :
1. Obtain a Certified True Copy of the Title
– Visit the Registry of Deeds (ROD):Go to the ROD where the property is registered and request a certified true copy of the title (Transfer Certificate of Title or TCT for land, and Condominium Certificate of Title for condo units).
– Check the Title Number: Ensure that the title number provided by the seller matches the one in the Registry of Deeds.
2. Examine the Title for Annotations
– Encumbrances:* Check if there are any annotations on the title such as mortgage, lis pendens (notice of pending legal action), adverse claims, or other encumbrances that might affect the ownership or transferability of the property.
– Check for Clean Title: A clean title should not have any annotations other than the owner’s name and other standard details.
3. Check for Lis Pendens and Adverse Claims
– Visit the ROD: Inquire about any existing lis pendens or adverse claims that might not yet be annotated on the title.
– Other Legal Notices: Make sure there are no other legal disputes or claims that might affect the property.
4. Verify the Property’s Tax Declaration
– Check with the Assessor’s Office: Visit the local Municipal or City Assessor’s Office to request a copy of the property’s latest tax declaration. Verify that the declared owner matches the name on the title and that there are no overdue taxes.
– Check for Delinquency: Ensure that the property taxes are up-to-date and there are no delinquencies.
5. Conduct a Title Traceback
– Request Previous Titles: You can request copies of previous titles (mother titles) to trace the history of ownership. This can help you verify if there were any irregularities or disputes in the past that could affect the current title.
6. Conduct a Physical Inspection
– Check the Property’s Boundaries: Visit the property to ensure that the physical boundaries match what is described in the title. Surveying the land with a licensed geodetic engineer can help confirm the boundaries and area.
– Check for Occupants: Ensure that the property is not occupied by unauthorized persons or squatters, which could complicate ownership.
7. Consult a Lawyer or a Licensed Real Estate Broker
– Legal Advice: It’s advisable to consult a lawyer who specializes in real estate law to thoroughly review the title and provide a legal opinion on its status.
– Professional Verification: A licensed real estate broker can also assist in verifying the authenticity and status of the title.
8. Verify Through LRA (Land Registration Authority)
– Use LRA’s Title Verification Services: You can request title verification services from the Land Registration Authority (LRA) to check for any discrepancies or issues with the title.
9. Check for any Legal Easements or Zoning Issues
– Municipal or City Planning Office: Verify if there are any legal easements, right of way issues, or zoning regulations that may affect the use or transfer of the property.
Following these steps will help you ensure that the real estate title is clean and free from any legal issues in the Philippines.
