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LAND TITLE AND DEEDS REVIEWER

Noblejas Notes
INTRODUCTION:

It is not the land which is registered under any system of registration in


the Philippines and elsewhere, but it is the title to or any deed affecting
land which is actually registered

TITLE - the lawful cause or ground of possesing that which is ours


- the foundation of ownership of property, real or personal
- ownership or, when used with appropriate limiting words, a claim of
ownership
- totality of evidence

While in the strict sense, the word title is applicable only to real estate,
it is also sometimes used to denote a similar attribute of personal
property

Specifically, one's title to land is the evidence of his right or of the


extent of his interest

EQUITABLE OWNERSHIP - a present title in land which will ripen into "legal
ownership" upon the performance of conditions subsequent
LEGAL TITLE - "title to land"
TITULO - means the cause in virtue of which anything is possessed and the
instrument by which anything is possessed and the instrument by which the
right is accredited
TITLE - right of possesion, it does not possession itself alone
- implies possession, either actual or constructive
- means whereby one holds possession of his land
- signifies the right of possession or of property in land
POSSESSION - does not necessarily imply title
- actual control of property by physical occupation

Title to Real Property is not a thing with physical attributes, but is a


conglomerate of jurisdiction and substantive legal rights fused with the

residuals of equitable remedies all developed historically out of feudal


notions and medieval conditions
BRIEF DEFINITION OF TITLE
- which constitutes a just cause of exclusive possession, or which is the
foundation of ownership of property
FEE SIMPLE TITLE
- title to the whole of the thing absolutely
- a full and absolute state beyond which and outside of which there is no
other interest or right
GOOD TITLE - enforceable against the whole world
- example: title registered under the Torrens system and acquired
in good faith
DOUBTFUL TITLE - which exposes the party holding it to the hazards of
litigation, and, therefore, may be considered neither good nor bad
- examples: documents of sales of unregistered lands which are
recorded under Act 3344
BAD TITLE - title obtained thru fraud or similar means, not in good faith or for
a valuable consideration
- if conveyed to another, conveys no property at all
CERTIFICATE OF TITLE
- mere evidence of ownership
- "the certificate of title shall be a true copy of the decree of
registration"
TITULO REAL or ROYAL GRANT
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