Buying Land In The Philippines Part 7: Land With No Title
Posts in This Series:
- Buying Land In The Philippines Part 1: Survey and Subdivision
- Buying Land In The Philippines Part 2: Deed of Absolute Sale
- Buying Land In The Philippines Part 3: BIR Taxes
- Buying Land In The Philippines Part 4: DAR Clearance
- Buying Land In The Philippines Part 5: Land Registration Authority
- Buying Land In The Philippines Part 6: Tax Declaration in Buyer's Name
- Buying Land In The Philippines Part 7: Land With No Title
- Buying Land In The Philippines Part 8: Land Use Reclassification
If you have land that is not titled, then you need to contact DENR. DENR may perform a land survey. Understand that the information in this article is generic and some of the items herein may not apply to your specific case.
- The land in question must be zoned residential.
- There can be no dispute or conflict as to who is the rightful owner.
- Cost may vary for survey and titling process.
- DENR in some locations may not have adequate personnel to perform the survey right away or at all.
- The entire process can take anywhere from three months to one year (be proactive).
- When the process is complete the owner shall receive an Original Certificate of Title (OCT).
Again, this is for land that has no title. If your land has an OCT or TCT already, then this does not apply to you.
Potential buyers may encounter a seller who says they have no title. Just because a "seller" says they have no title to a plot of land does not necessarily mean that no title exists for that lot. There may be a title, but the "seller" just does not have a copy of it. They may not know a title exists or they may be concealing the truth about it.
If I was looking for land and the "seller" told me "I have no title" I would thank them for their time and be on my way.
It is absolutely imperative for you to know whether a title exists. You must be certain of the boundaries of the land. You must check with the municipal assessor to see the tax declaration. You must check with LMB to know if there is a map. You must check with LRA to know if there is a title.
If there is a title when you were told there was not one, then that is bad news. But if you confirm that there really is no title, then that is not good news. You just did a lot of foot work only to find out that you have a lot more footwork and expense ahead of you. Why would anyone want to pursue buying land without a title? I can understand if it is land that you have some personal connection to, but otherwise I would have to say that there are a lot of fish in the sea and plenty of them have a title already. Just my two pesos.