PROPERTY SURVEYS Alluvium– The soil deposited or added to the land adjoining the bank of the river and gradually received as an effect of the current of waters. Accretion – The act or process by which the land bordering a stream or body of water increases its area by action of the river current or other natural process. RA No.457 – To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. Riparian Owner – May ari ng gilid na lupa na katabi o gilid ng ilog. Siya rin ang may ari ng alluvium. Take note that it should gradual or inperceptible or dahan dahan nafform through the passage of time (Accretion). For a riparian owner to have their title, it will go under the judicial titling. RA No. 11573 of 2021 Sec 6. Amended Sec 14 of Presidential Decree No. 1529 – (1)…. (2) Those who have acquired ownership of private lands or abandoned roverbeds by right of accession or accretion under the provisions of existing laws.(3) Those who have acquired ownership of land in any other manner provided for by LAW. Judicial Titling (RA No. 1153) - An act improving the confirmation process for imperfect land titles - Judicial Proceeding - Regional Trial Court - Adversarial and speedy (there’s someone who will opposed who are interested in the property) - PD 1529 and Rules of Court in suppletory character or manner (rules to be followed) - In Rem (binds the entire world depending on the court whom they decreed to be the owner of a property). A lawsuit against an item of property, not against a person (in personam). In rem actions are permitted only when the court has control of the property or where its authority extends to cover it. Meanwhile, In Personam, it is a lawsuit seeking a judgment to be enforceable specifically against an individual person. An in personam action can affect the defendant's personal rights and interests and substantially all of his or her property. It is based on the authority of the court, or jurisdiction, over the person as an individual rather than jurisdiction over specific property owned by the person. This contrasts with in rem jurisdiction, or actions that are limited to property of the defendant that is within the control of the court. A court with in personam jurisdiction in a particular Hikxin˘ case has enough power over the defendant and his or her property to grant a judgment affecting the defendant in almost any way. - There must be a clear & convincing evidence for the judge to confirm a perfect title of land(directing LRA to issue a decree and a certificate of land title) Regional Trial Court - Publication - Mailing - Posting Before Hearing - Proof of Publication - Opposition - Order of Defaut Hearing Proper - Speedy Hearing (90days to decide) - Judgement confirming title -Order LRA issued DECREE and to issue a certificate of title under the applicant Dried-up Riverbed vs. Abandoned Riverbed -A dried-up riverbeds that did not change - Due to the natural its course, a person interested is not change of course of eligible to issue a certificate of title to the the river, one’s property since it is owned by the property (boy's) may government. Anything is owned by the be reduced. The government under the Regalian Doctrine riparian owner will principle. not be the girl since - If only it is declared by law that the the property that has property is allienable and disposable by the been reduced belongs to the boy. government, a person who is longing for Therefore, he can apply for a certificate of possession is eligible to apply for a title. certificate of title. Hikxin˘ Hikxin˘ Hikxin˘ Hikxin˘ Hikxin˘ Partition of Property - is the separation, division, and assignment of a thing held in common among those to whom it may belong. Registered owner of a land are more than one. Step 1: Hire a licensed Geodetic Engineer to survey and divide the property into how many partitions the client prefers. Step 2: The engineer will provide a plan approved by the DENR. Step 3: Each lot/s will have their own technical description since the mother title got divided. Step 4: Make a letter of request for the partition of the property addresed to the Register of Deeds. Step 5: ROD will require the client to make a Deed of partition. Wherein all the parties or registered owners with their coresponding lots with TD are included in the document. DOP must be made inside the office of a lawyer notary public with the presence of registered owners to sign the document. The DOP will be notarized. Step 6: Those documents will be to the ROD (Plan, TD, Letter Req, Plan) Step 7: Pay for the corresponding fees Step 8: Mother title will be process to be divided with the new registered owners. Subdivision – happens when one owner wants to divide his/her property to less than 10 lots. Step 1: Make a letter of request for subdivision of land with corresponding title. Step 2: Survey and plan approval of the Geodetic Engineer. Step 3: Submit the letter of request, plan and title to ROD Step 4: Once released, all subdivided lots are still under the client’s name What to know before buying a land that is covered of title under CLOA, FREE PATENT and EP Title? – Learn about the restrictions and information of the land for sale. 1. Transfer certificate of title – From an original certificate of title and has a previous transaction. Usually, there are no issues in the documents. Needs a confirmation from a Geodetic Engineer to survey the area whether the measurements are correct based on the title. 2. Certificate of Land Ownershi Award (CLOA) Title – Land brought by the government from a land owner to let the farmers borrow the land. Farmers pays the land in a span of 25 years at the Land Bank of the Philippines. If the owner, farmer beneficiary wants to sell the land, covered by a CLOA title. (1) The title must exceed 10 years of registration under the farmer's beneficiary name. 10 years after, we can buy the land under CLOA Title, they’ve occupied the land more than 10 years the land can be Hikxin˘ purchased already. Make sure to check if the amortization has already been paid monthly in the Land Bank of the Philippines. The bank will issued a certificate of full payment that the amortization has been paid for 25 years. If the amortization is not yet fully paid, the buyer will shoulder the balance. After, secure clearance from Department of Agrarian Reform (DAR) in order for the land to be available for sale. 3. Free Patent Title – Agricultural lands that has no owner and was occupied or “sinakahan” by a farmer for atleast 30 years. If the farmer is retiring and wanted to sell the land, the requirement are: within 5 years they must occupied or “sasakahin” or cultivated land and after 5 years, they are eligible to put the land on sale. The date can be seen as when the free patent title was issued. If the new owner wants to convert an agricultural land to a different type of land, residential or commercial or indust etc., visit the accessor’s office of the municipality to convert or reclassify. DAR Clearance is required in every Agri-land. 4. Emancipation Patent Title – A public land that is owned by the government but other farmer/s have “sinakahan” cultivated the land. They have been given a chance to own the land under emancipation patent title. Lands under this kind of title are not allienable and disposable since they are public land granted by the government, but they can be transferred only to the heirs “tagapagmana” of the farmer beneficiary who have cultivated the land. Art. 725 of Civil Code. Deed of Donation – Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. Civil Code of the Philippines Art. 748 & 749 – immovable or movable properties. Immovable Property Movable Property Refers to things that are fixed or cannot Refers to things that can be moved. Ex: be moved. Ex: real estate, trees or plants jewellery, watches, computers, money, attached to the earth, etc. etc. Importance of DOD to the Donor & Donee Donor = Giver Donee = Receiver Surrendering your rights to give over Surrendering your rights to give over your property or immovable property. your property or immovable property. Donor can add conditions in the donated Donor can add conditions in the donated property. property. Hikxin˘ What are the three (3) kinds of donation? There are three (3) kinds of donation under Philippine civil law: inter vivos (during the lifetime); mortis causa (upon/after death or by reason of death); and propter nuptias (by reason of marriage). Types of Donation Inter-vivos Mortis Causa When the donor intends that the donation Donations which are to take effect upon take effect during his lifetime, though the the death of the donor partake of the property shall not be delivered till after nature of testamentary provisions and the donor's death, there is donation inter shall be governed by the rules vivos. Both giver and receiver are alive. established under the law on succession. (Art. 729 of the Civil Code) (Art. 728 of the Civil Code) WHO and WHEN can we use Deed of Donation? Art. 735 of the Civil Code. – All persons who may contract and dispose of their property may make a donation. (624). Make sure that all those properties are registered with proper ownership documentation. Art. 748 of the Civil Code – The donation of a movable may be made orally or in writing. An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated. If the value of the personal property donated exceeds ₱5,000, the donation and the acceptance shall be made in writing. Otherwise, the donation shall be void. (632a) Art. 749 of the Civil Code – In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy. The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor. If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form and this step shall be noted in both instruments. (633) What are the requirements for DOD? - know what type of donor or donee, description of the properties, conditions, and payment of taxes. Donee Tax Requirements for BIR: 1. Notarized DOD 2. TIN of Donor and Donee/s 3. Proof of claimed tax credit, if applicable 4. Duly Notarized SPA for the transacting party if the latter is not one of the parties to the DOD 5. Official receipt/deposit slip and duly validated return as proof of payment 6. Copy of Tax Debit Memo used as payment, if applicable Hikxin˘ For Real Properties: 1. Certified true copy/ies of the original/transfer/condominium certificate/s of title (front and back pages) of the donated property, if applicable; 2. Certified true copy/ies of the tax declaration at the time or nearest to the date of the transaction issued by the Local Assessor’s Office for land and improvement, if applicable; 3. Sworn declaration of No improvement by at least 1 of the transferees or certificate of No improvement issued by the Assessors’s Office, if applicable Ready For Occucpancy (RFO) Difference Between Ready-For-Occupancy and Pre-selling 1. Financing There are 2 ways to finance The developer gives several RFO which are Cash options to finance your Payments or Bank Financing. purchase.(Cash, Deferred With Bank Financing, buyer Cash, Bank Financing, PAGcannot loan the whole IBIG Financing, In-house amount from the bank. The Financing). The PAG-IBIG buyer must put up an equity and In-house Financing are around 30%-40% of the total not as common. It depends contract price. This can on the developer. With PAGchange depending on the Ibig Financing, usually for bank’s apprraised value projects that are socialized because the higher the housing or economic appreaised vaue, the higher housing projects which the loanable amounts and have a price point of below the lesser your equity. There 2M. The equity can also be must be a prepared cash for paid over a span of 12 equity and tax payment months or more, some are 45 months or more at no interest. Longer equity since the project are still ongoing. 2. Availability Property is already available Units are not yet available and often ready to move in. since the developer still has Ideal for those who need ytto to construct the unit. use the property There’s a waiting time immediately. unless they have reopened RFO, which sometimes happen. Hikxin˘ 3. Amenities 4. Unit Condition & Finish If the property is located inside a gated and private community then the homeowner can also enjoy the same amenities. If it is outside a subdivision, then amenities may not be available Usually comes with basic amenities that homeowners can enjoy(clubhouse, pool, bball courts or parks and playgrounds, 24/7 security). Amenities will differ depending on the developer. The more high a subdivision is, the more amenities it will have. Units can be bare or fully finished.For bare units, buyers will shoulder the cost of finishing. Most of the time socialized and economic housing units have bare finish. Units are usually fully finished and can even be semi or fully furnished as well, so units can be brand new, pre owned but well maintained or they may need renovations. RFO Listings are built to live in by private individuals. They’re usually better and have higher quality than developer owned listings simply because homeowwners who built the house to live in often have a bigger budget in terms of price per sqm and are usually a lot more particular with a built and finish bc it’s their own home. 5 Things I would never do as an Estate Planning Professional 1. Never leave anything to my children absolutely, leave it in a trust which will benefit them and their family for generations. 2. Never put my children’s name on the deed of my home to avoid paying care fees or inheritance taxes. Instead, I would put my home into an asset protection trust and name my children as trustees and beneficiaries of the trust. 3. Never put my children’s name on my bank accounts so they get use my money to pay my bills the banks have a legal requirement to freeze the accounts if they think you’ve lost mental capacity. Instead, I would name my children as my attorneyson my lasting power of attorney. 4. Never make my kids go through probate and wait a year to get access to the money that I want to leave them. Instead, I would settle a lifetime trust to put my assets into it. 5. I would not leave this world without a good plan to protect my family. Hikxin˘ HOW TO SET UP A TOTAL STATION? • • • • • • • • • • • Set the tripod over the point and place the TS on the top of the tripod Once the TS is set on the top of the tripod, tighten it below to secure Check in the viewfinder if the instrument is directly over the point; if not, Take two of the legs and look into the viewfinder, and lift the tripod (keep one leg on the ground) Once set, step on the legs and embed the tripod into the ground Level out the bubble by stepping the leg and loosen screw then raise or lower till leveled and tighten screw Open the power button of the TS Adjust and level 3 knobs Once levelled, check the viewfinder if the instrument is directly over the point If not over the point, loosedn the TS screw a little bit and adjustover the point and tighten screw Check again the bubble and adjust MAY PAKIALAM BA ASAWA MO SA EXCLUSIVE PROPERTY MO? Conjugal Property – refers to property owned by the spouses jointly Exclusive Property – refers to the property owned exclsively by one of the spouses.Before it was (1) Paraphernal Property (kapag sa asawa na babae), (2) Capital Property (kapag sa asawa na lalaki) both exclusive property nila yan. But wala na yan under the Family code of the Philippines either will be called as exlusive property. Kailan nagiging exclusive property? If the spouses before they got married, had signed a contract that their property regime is separation of property. Ang nag asawa na walang prenup at anong property ang maggovern sakanila. Under the Family Code, once married, on or after August 03, 1988, we are governed by the rule on absolute community of property under the family code. “What is yours is mine” Property ng pagkabinata/dalaga it will become a conjugal property. Before marriage, if one was donated or minana ang property, kapag kinasal na ay magiging conjugal property na ito. During the marriage, if one of the spouses received a donation from parents or strangers or may minana sa kanilang magulang through hereditary succession or testate succession this will be an exclusive property. 1. Gratuitous Transfer – a transfer of property freely given, such as a gift from a donor or a bequest from an estate or through hereditary succession (testate or intestate succession). Hikxin˘ When is a property considered conjugal property? If the donation is made in favor of BOTH spouses, then the property belongs to the conjugal property. When can the other spouse make a claim on the exclusive property? If the exclusive owner spouse dies ahead of the other spouse during the marriage. The other spouse that is living will be the compulsory heir under the rule of legal succession. Usapang Mana: Paano nga ba ang hatian? Decedent – taong namatay Estate – pag ang namatay ay may property;If married, under conjugal property 50% sa naiwang asawa. Ang another 50% will be alotted for the payment of estate tax. Payment to creditors (sa mga inutangan) and for division to the heirs. The direct descending line is the priority than the ascending line. Not a relative but that person is a compulsory heir = the spouse of the dead spouse. Hikxin˘ Scenario #1: If ililipat na lahat sa anak by donation, the amount to be paid will increased. Donation issue + estate settlement issue. Estate tax will be paid because that estate came from Jane (died spouse) the 1 share for Jj + 50% of her conjugal property is donated. Ang babayaran ay para sa donation issue (donor’s tax) at estate settlement issue (estate tax) Scenario #2 Hikxin˘ Scenario #3 Scenario #4: Hikxin˘ Scenario #5: The priority is the descending line. Bakit may SPOUSES at MARRIED TO sa titulo ng lupa? (what is the difference?) Yes, there are differences between the two since the property relations ng mag asawa ay governed na ng “Family Code of the Philippines” that was effective since 1988 till present. If a married couple doesn’t have a Prenuptial Agreement before their marriage regarding their properties, then they will have shares with one another’s properties. If bumili ang mag asawa ng property(under the Familiy Code of the Philippines), nakalagay sa title ay “SPOUSES”. Meaning the property is under a conjugal property. One cannot sell the property without the consent of the other. If “MARRIED TO”, not all the titles are all conjugal. If a land was donated to one of the spouses from a relative or stranger, it will become an exclusive property of only one of the spouses(receiver/donee). It is not a conjugal property. The only reason why “Married To..” was included in the title is solely for the purpose of establishing the civil status of the receiver/donee. Not automatic if conjugal property, need to recheck the documents. Hikxin˘ Conjugal Partnership of Gains referred to as the CPG, it is one of the property relations between the spouses, under which the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements. In other words, the following are placed in a common fund: 1. the proceeds, products, fruits and income from their separate properties; and 2. those acquired by either or both spouses through their efforts or by chance. The property relations of conjugal partnership of gains applies only when the future spouses agree to it in the marriage settlement, if any. It also applies to conjugal partnerships of gains already established between spouses before the effectivity of the Family Code, without prejudice to vested rights. This is the default property relationship under the Civil Code, which was changed to that of absolute community of property under the Family Code. Easement - A right granted by the government to cross or otherwise use someone else's land for a specified purpose. An easement is a legal right to occupy or use another person’s land for specific purposes. The use of the land is limited, and the original owner retains legal title of the land. A legally binding easement must be made in writing, the exact location stipulated in the property’s deed. Easements most commonly grant utility companies access for the purpose of installing and maintaining power, phone, and cable lines, as well as for water drainage purposes. An easement may also be granted to allow the owner of a neighboring property to install an access driveway. In most cases, even when the land in question changes hands, the easement remains in effect and subsequent owners are required to allow the easement owner to continue using the land as specified. To explore this concept, consider the following easement definition. There are different kinds of easements under Philippine legal system 1. Right of Way 2. Easements relating to waters 3. Light and view 4. Part wall Hikxin˘ 5. Drainage of building 6. Intermediate distances 7. Easement against nuisance 8. Lateral and subadjacent support Dominant Estate - is a parcel of real property that has an easement over another piece of property. Servient Estate - is a parcel of land that is subject to an easement. The court will be guided with the Article 649 Civil Code of the Philippines to request for a right of way. - Dominant Estate is surrounded by other estates - No adequate outlet to a public highway - That the isolation was not due to the acts or fault of the owner of the dominant estate The right of way claimed is at the point least prejudicial (nakakasira/istorbo/hindi lugi/less damage sa property niya) to the servient estate. The distance from the dominant estate to a public hughway may be the shortest According to Supreme Court, convinience is not the basis for granting an easement of right of way. Because it is a burden on the part of Servient estate. Hikxin˘ A granted right of way is not given for free. There will be a Payment of Proper Indemnity. Rules: 1. For Permanent Passage – Value of the Land and amount of damage caused to the servient estate 2. Temporary Passage(Gather crops) – Payment of Damage There was no sale involved, since it is only for beneficial use. In an easement of right of way there is no alienation or sale on the land of right. The payment of the value of the land or permanent use of the easement does not mean an alienation or sale of the land. In fact under the law, Article 650 unlike in the purchase of property, should the right of way no longer be necessary because the owner of the Dominant Estate has joined into another abutting on a public highway. Payment of the value of the land for PERMANENT use of the easement does not mean an alienation of the land occupied. The payment of indemnity is merely for the USE of the right of way and not for its alienation. If you are the buyer, REMINDER: 1. Have the Easeent of Right of Way be Annotated on the Title(to be opened to the whole world na ay may agreement sila) 2. You maintain and repair the easement of right of way without expectation of being reimbursed 3. You have to pay for the proportionate Real Property Tax to be given to Servient Estate 4. You can recover the amount paid for the indemnity but without interest. You cannot recover the damages paid. 5. You may be required to sign some documents to cancel the annotation of Easement of Right of Way annotated on the Title. Affidavit of cancellation of the annotation of right of way or SPA or authority for me to have it cancelled as Dominant Estate. Hikxin˘
