Verifying the Legitimacy of a Land Purchase in the Philippines
Documentation and Verification of Land Titles
Owner’s Duplicate Certificate of Title: The best starting point for verifying land legitimacy is to examine the owner’s duplicate copy of the Torrens title. Ensure that the title number matches the Register of Deeds’ records, that the named registered owner is the person or entity you are dealing with, and that there are no annotations that might indicate liens, encumbrances, or adverse claims.
Certified True Copy of Title from the Register of Deeds: To avoid being misled by fraudulent or tampered documents, one should always request a certified true copy of the title from the Register of Deeds. This official copy will show any encumbrances, such as mortgages, notices of lis pendens, adverse claims, or other interests that may affect ownership.
Latest Tax Declaration and Tax Clearance: Although tax declarations are not conclusive proof of ownership, they can help establish how the property has been declared for taxation purposes. Verifying that real property taxes are fully paid and up to date is crucial because unpaid taxes can create liens on the property. A tax clearance certificate from the local government unit ensures that the property is not burdened with tax arrears.
Geodetic Survey and Technical Description: Engaging a licensed geodetic engineer to verify the property’s boundaries and compare the technical description in the title against the actual land area is vital. Discrepancies between the physical location of the property and the title’s technical description may lead to future boundary disputes, overlaps, or encroachments.
Previous Title History and Tracing of Ownership: A prudent buyer should also review the “mother title” and previous titles to the property. This may reveal if the land originated from a validly issued Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT), determine if there were irregularities in any prior transactions, and check if the current seller truly has a valid chain of title leading back to a legitimate source.
