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What are the evidence or proof of ownership over a parcel of land?

The best evidence of ownership is the certificate of title duly issued by the Register of Deeds concerned. However, in the absence of a title, tax declaration coupled by actual possession and existence of improvement also substantiate claim for ownership. What is a TITLE? A title refers to the legal right to own a property and the certificate of title is the document which confers such right of ownership to an individual, association or corporation. In subsequent registration of Title, what are necessary to effect the same? Transfer of title is effected by executing a document such as deed of sale wherein the registered owner (seller transfer the ownership to a buyer. The capital gains tax and other taxes must be paid before clearance can be secured from the !"R. this will be submitted to the Register of Deeds concerned, together with the title which will be surrendered for issuance of a new title in the name of the buyer. #ubse$uent registration of title is a function and %urisdiction of the Register of Deeds under the &RA as the land involved is already a private property outside the %urisdiction of the D'(R. In case the registered owner dies, How can ownership be transferred to the heirs? )hen a registered owner died without leaving a last will and testament, the heirs can transfer the title to themselves by executing an extra*%udicial settlement of the estate, on condition that the heirs are in agreement of how to dispose the properties. "f there is conflict and heirs can not agree, they should bring a case before the court which will ma+e a decision for them. Is possession the same as ownership? Who are informal settlers? (o. ,ossession means actual and exclusive control of property by physical occupation and this could be in good faith or in bad faith. -n the other hand, ownership implies the legal right of possession, control and en%oyment by the owner who has established evidence that he owns the property. "nformal settlers are those in possession of land without the benefit of a title and without consent of the owner. Their possession is not permanent and has no legal basis for occupation. The possessor must strive to ac$uire title to the land before his possession can become permanent. In cases where there are conflicting claims, who shall have a better right? "n cases where both claimants have no title, there are many factors to consider li+e actual possession. The one who occupies the land especially in good faith has better right as against someone with doubtful documents or has recently ac$uired rights without +nowledge

of the one in possession. However, all factors must be fully evaluated to determine preferential rights. How can one acquire TITLE? .or original registration, when no title has yet been issued over a parcel of land, it can be ac$uired either by/ 0. 1udicial proceedings 2 by filing petition for registration in 3ourt. 4. Administrative proceedings 2 filing an appropriate application for patent (e.g. homestead in the Administrative body (D'(R and registration of this patent becomes the basis for issuance of the -riginal 3ertificate of Title by the Register of Deeds. What are the main classification of lands as to ownership? 0.,rivate properties 2 those which are titled. 4.,ublic lands 2 those which have not been titled as well as those public dominion or outside the commerce of man such as road, public pla5a and rivers. What are ublic Lands? All &ands that are not ac$uired by private person or corporation, either by grant or purchase are public lands. The common understanding therefore, is that all lands which have no title or not registered to private individual are public land. these are grouped into/ 0. Alienable or disposable (A 6 D &ands 2 those that can be ac$uired or issued title. -ur constitution provides that only agricultural lands can be disposed of to private citi5ens. 4. (on*alienable lands 2 includes timber or forest lands, mineral lands, national par+s. (o title can be issued over any portion within this area. What are the modes of disposition or How can one acquire title over !"# lands? The modes are/ 0. !y Homestead ,atent 4. !y #ales ,atent 7. !y &ease 8. !y .ree ,atent or Administrative legali5ation

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