Setting of date of initial hearing of application by RTC.Filing of application for registration by applicant.Survey of land by Bureau of lands or duly licensed private surveyor.Purpose of Torrens Law: quiet title to land – once registered, owner might rest secure Makes possible the transfer of titles or of loans within the compass of hours instead of a matter of days.Furnishes state title insurance rather than private title insurance.Gives eternal title as state ensures perpetuity.Keeps up the system without adding to burden of taxation beneficiaries of the system pay the fees.Protects against encumbrances not noted on the Torrens certificate.Eliminates repeated examination of titles.Title by emancipation patent or grant – for purpose of ameliorating sad plight of tenant-farmers not transferable except by hereditary successionĬhapter 2: TORRENS SYSTEM – ORIGIN, NATURE & GENERAL CHARACTERISTICS.Title by descent or devise – hereditary succession to the estate of deceased owner.Title by involuntary alienation – no consent from owner of land forcible acquisition by state.Title by voluntary transfer – private grant voluntary execution of deed of conveyance.Title by reclamation – filling of submerged land by deliberate act and reclaiming title thereto government.Title by acquisitive prescription – open, continuous, exclusive, notorious possession of a property.Title by public grant – conveyance of public land by government to a private individual.Protect interest of strangers to transaction.Recording – does not guarantee the title need to examine other docs Deed of conveyance is recorded to bind 3rd persons.Production & delivery of deed by grantor to grantee without registration.Tenancy at will – person is permitted to occupy land of another without stipulation as to periodģ Stages of Development of Legal System of Transferring Titles: Tenancy from period to period – lease running from month to month or year to year with automatic renewalĬ. Estate for years – lease for a period agreed upon, lessor retains ownership of landī. Less than freehold estate – a right short of titleĪ. Life state – held for duration of life of granteeĢ. Fee tail – pass title to grantee & his heirsĬ. Fee simple – absolute title conferred without limitation, qualification or restrictionī. Freehold estate – indicates title of ownership.Ī. Land Title – evidence of right of owner or extent of his interest, by which means he can maintain control and as a rule assert right to exclusive possession and enjoyment of property.ĭeed – instrument in writing which any real estate or interest therein is created, alienated, mortgaged or assigned or by which title to any real estate may be affected in law or equity.ġ. Chapter 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES
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