Property Law
Property Law
FCB Law Office can help when a Reissuance of Title or a Reconstitution of Title is needed, or when the property status needs to be checked in government land registries. We also help transfer land titles, support property disputes, and guide clients through the conveyence process.
Property Law Services
REISSUANCE
Reissuance is a court case that replaces an Owner’s Property Title when it has been destroyed or irretrievably lost.
RECONSTITUTION
Reconstitution is a court case that replaces the Government’s Land Title at the Registry of Deeds in case that title is lost or destroyed.
DUE DILIGENCE
Property documents must be manually retrieved from land registries to confirm ownership and avoid risk in property transfers.
LAND DISPUTES
In a property dispute with relatives, negotiation or legal action are key options. Consult a lawyer to understand your rights and the correct legal course.
SALE, MORTGAGES, DONATION, AND TRANSFER
Contract review and due diligence are key to avoid issues during property purchase and title transfer.
ANNOTATION REMOVAL
Clear unwanted or outdated entries like liens, encumberances, or adverse claims from your land title to ensure clean ownership.
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WHAT TO EXPECT
You may be allowed to do Administrative Reconstitution after a natural disaster, but generally replacing a lost or destroyed title requires filing a court case. Proof of ownership and witness testimony will be needed and the case is typically the only way to obtain new title.
A Reissuance of Title court case is filed only when a title is irretrievably lost and not when a relative refuses to hand over. In such cases, try to negotiate first. If it fails, consult a lawyer to explore legal options or determine if filing is necessary.
Although the courts have been trying to digitize, many processes remain manual. This often slows down cases and requires physical court visits. Gathering evidence from courts or government agencies can also involve significant legwork and coordination.
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FREQUENTLY ASKED QUESTIONS
The basic property rights in the Philippines include the right to enjoy and dispose of a property without other parties interfering, and the right to use it as collateral for obligations.
The Torrens system is a land registration and land transfer system, where the government is the central source of information about the status of a title. It is used to verify ownership and other interests in a property.
To get a Land Title in the Philippines, you need to either register the land if it is untitled or transfer the Land Title if it was sold, inherited or donated to you.
A Color Title refers to a title that appears to be good and valid but is not due to some hidden defect.
Foreigners are generally not allowed to own land in the Philippines, but they can legally own a residence. The Philippine Condominium Act allows foreigners to own condo units, as long as 60% of the building is owned by Filipinos. Read more in our article on Foreigners and Land Titles in the Philippines.
Property is generally divided equally between the spouses unless there is a Prenuptial Agreement. If the spouses agree, the property can be split otherwise. If the spouses do not agree, the matter can be brought to court.
The process of transferring a land title to heirs involves several steps including payment of estate taxes, obtaining an eCAR and filing documents with the Registry of Deeds.
The borrower has a one-year redemption period from the date of registration of the foreclosure sale.
A usufruct gives a person the right to enjoy the property of another with the obligation of preserving its form and substance unless the title constituting it or the law otherwise provides it.
Adverse possession, also called prescription, allows someone to acquire a title to the land due to long and continuous possession. The period required can be either 10 or 30 years, depending on the circumstances.