Secure a certified true copy of the title from the register of deeds. Although the title may still be registered in the name of a person, ownership might have been transferred, questioned, or otherwise affected, and this can be seen at the back of the title on file with the register of deeds. claims of third parties and the government, road right of way, etc.). In the copy on file with the register of deeds are annotated the “involuntary liens” (i.e. Always check the copy of the title on file with the register of deeds. If you must deal with property being sold through an SPA, verify the SPA by questioning the notary public who executed the same, and even meeting the property owner himself. Believe it or not, most of the property owners in the Philippines have finished only primary schooling and cannot read English documents. Oftentimes, unscrupulous individuals procure a special power of attorney surreptitiously from the unwitting owner who is led to believe that the document being signed is something else. This is an instrument that empowers a party to deal with the property of another, usually for the purpose of selling the property. Avoid SPAs (Special Power of Attorney) – deal with the actual sellers themselves.Īnother of the common sources of property litigation in the Philippines are those involving special power of attorneys. Thus, avoid properties not titled in the names of the actual seller. This type of litigation is fairly common and is the usual source of problems. thus, there is still the need to execute an extra-judicial settlement, which has a “grace period” of two years within which an excluded heir can question the settlement and the sale. Most properties in the Philippines are titled in the names of the grand parents or even great grandparents of the owners. Stick to those properties registered in the names of actual sellers themselves. With titled property, you can rely on the fact that the owner of the property is that which is stated in the title. If you buy an untitled property (usually evidenced by only a Tax Declaration), you would not enjoy the benefits of the Torrens system, and you will be forced to investigate for yourself the “chain of ownership” from the present owner up to the first, which usually dates back to the 1920?s. There are many properties in the Philippines that are not titled, or registered under the Torrens system. What follows are some tips and rules to follow for a worry-free (or “less problematic”) Real Estate transaction: Real Estate transactions in the Philippines are sometimes a cause for worry due to the many inherent problems in the system. Ask for a copy of the Tax Declaration and Tax Receipts to confirm that real estate tax payments are up to date.ħ Tips for Worry-Free Real Estate Transactions Confirm that the yearly real estate taxes are paid.
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