16/06/2023
Adverse Claim on Certificate of Title
๐What is an ADVERSE CLAIM?
An adverse claim is a statement made under oath by someone who claims any part or interest in a registered piece of land adverse to the registered owner and serves as a notice to all of such a claim.
๐ What are examples of adverse claims?
โ๏ธLong-term lease
โ๏ธ Claim as an heir
โ๏ธ Buyer of the land but not sale is not yet registered
๐ What is the purpose of an Adverse Claim?
The annotation of an adverse claim is a measure designed to protect the interest of a person over a piece of real property where the registration of such interest or right is not otherwise provided for by the Land Registration Act or Act 496 (now Presidential Decree 1529 or the Property Registration Decree), and serves as a warning to third parties dealing with said property that someone is claiming an interest on the same or a better right than the registered owner thereof.โ
๐ How to register an Adverse Claim?
Section 70. Adverse claim. Whoever claims any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration, may, if no other provision is made in this Decree for registering the same, make a statement in writing setting forth fully his alleged right or interest, and how or under whom acquired, a reference to the number of the certificate of title of the registered owner, the name of the registered owner, and a description of the land in which the right or interest is claimed.
The statement shall be signed and sworn to, and shall state the adverse claimant's residence, and a place at which all notices may be served upon him. This statement shall be entitled to registration as an adverse claim on the certificate of title
๐ What is the effectivity period of an Adverse Claim?
Under the law, an adverse claim shall be effective for a period of thirty (30) days from the date of registration.
๐ Does that mean that after the lapse of 30-day period, the Adverse Claim has automatically no effect?
No, It does not follow, however, that after the lapse of the period, the same has no force and effect. The adverse claim shall remain annotated and continue to be a lien on the property, until the same is canceled through a verified petition in court.
๐ How may an Adverse Claim be cancelled?
Before the lapse of thirty days aforesaid, any party in interest may file a petition in the Court of First Instance where the land is situated for the cancelation of the adverse claim, and the court shall grant a speedy hearing upon the question of the validity of such adverse claim, and shall render judgment as may be just and equitable.
If the adverse claim is adjudged to be invalid, the registration thereof shall be ordered canceled.