How to Check the Authenticity of a Land Title in the Philippines

October 24, 2024

Buying real estate in the Philippines involves verifying the authenticity of the land title to avoid legal issues or fraud. Unfortunately, cases of fake titles or title disputes still occur. In this article, we’ll provide a step-by-step guide on how to check if a land title is genuine in the Philippines.

1. Obtain a Certified True Copy of the Title from the Register of Deeds

The first step in verifying a land title is to request a Certified True Copy (CTC) from the Register of Deeds where the property is located. This document will serve as your official reference in checking the authenticity of the title.

  • Steps:
    1. Visit the Register of Deeds or its satellite office where the property is located.
    2. Request a Certified True Copy of the land title by providing the title number and the name of the property owner.
    3. Pay the necessary fees and wait for the issuance of the document.

Tip: The Certified True Copy must be recent, as outdated copies may not reflect current ownership or liens.

2. Check the Title Number and Details

Once you have the Certified True Copy of the title, compare it with the Owner’s Duplicate Certificate that the seller holds. Make sure the title numbers, property description, and owner’s name match exactly.

  • Details to Check:
    • Title Number: This should match the title number listed on the Certified True Copy from the Register of Deeds.
    • Technical Description: Check the lot and block numbers, size, and boundaries of the property, and make sure they align with what’s indicated in the seller’s documents.
    • Owner’s Name: Confirm that the name on the title matches the seller’s name exactly.

Tip: Any discrepancies in the title number, technical description, or owner’s name could indicate a problem with the title.

3. Verify the Title with the Land Registration Authority (LRA)

To further verify the authenticity of the land title, visit the Land Registration Authority (LRA). You can request verification of the title using the LRA’s Title Verification Service.

  • Steps:
    1. Visit the LRA website or office.
    2. Provide the title number and property details.
    3. Request verification to check if the title is legitimate and if there are any encumbrances (e.g., mortgages or liens).

Tip: The LRA has an eSerbisyo Portal that allows you to verify titles online, making it easier to check the status of the title without going to the office.

4. Check for Encumbrances and Liens

A title may appear genuine but still have encumbrances such as unpaid loans or legal claims. This information will be noted on the back page of the title in the Annotations section.

  • Common Annotations:
    • Mortgages: If the property has been mortgaged, it should be noted in the annotations.
    • Court Cases: If the property is involved in legal disputes, such as claims from creditors or previous owners, this will also be annotated.
    • Rights of Way: Any easements or rights of way for utility companies or other third parties should also be recorded.

Tip: Ensure that there are no adverse annotations on the title before proceeding with the purchase.

5. Check for Title Authenticity Markings

Authentic titles from the LRA contain several key features that help you distinguish them from fake titles. These include:

  • Watermark: Genuine titles have a watermark that is visible when held up to the light.
  • Texture and Seal: The paper used for titles has a unique texture, and the LRA seal is embossed, not printed.
  • Security Features: Newer titles may have security features like holograms or QR codes.

Tip: Be cautious if the title lacks these standard security features, as this could be a sign of a fake title.

6. Consult a Real Estate Lawyer

While doing your own research is important, consulting with a real estate lawyer adds an extra layer of protection. A lawyer can help verify the title, check for encumbrances, and ensure that the property is legally clear for transfer.

  • Legal Services: A lawyer can also assist in drafting the Deed of Sale and other legal documents, and guide you through the property transfer process.

Tip: Choose a lawyer experienced in real estate transactions to help ensure the authenticity of the title and to avoid any legal pitfalls.

7. Conduct a Property Survey

In some cases, the boundaries of the property may not match the technical description in the title. To avoid buying a property with boundary disputes, hire a licensed geodetic engineer to conduct a survey of the land.

  • Steps:
    1. Contact a licensed geodetic engineer to conduct a survey.
    2. Compare the survey results with the technical description in the title.
    3. If discrepancies are found, have the issue resolved before proceeding with the purchase.

Tip: A property survey is especially important for large plots of land or properties in rural areas where boundaries may be unclear.

Verifying the authenticity of a land title in the Philippines is crucial to ensure that you are making a safe and legal real estate purchase. Always obtain a Certified True Copy from the Register of Deeds, verify the title with the LRA, and check for encumbrances. Consulting with a lawyer and conducting a property survey can also help avoid future problems.