Situational Problems in Land Laws!

Hi guys, maybe my answers might help to those having the same subject as mine.

●May the owner of a building constructed on an unregistered land belonging to another apply for the registration of such building under the Land Registration Act and PD 1529?

Answer: Yes, it is said under Land Registration Act that buildings and land are separated for registration, and the owner of the building constructed on an unregistered land can apply for registration of the building. The state will decide if the application is purely intentional and not intending to own the unregistered land of another party. In this case it’s up to the State to whether or not to grant the applicant for the registration. And if it is granted the owner only owns the building not the land.

●Maria failed to pay the realty taxes on her unregistered agricultural land located in Magdugo, Toledo City. To satisfy the taxes due, the city sold it at public auction to Juan whose bid at P10,000.00 pesos was the highest. Maria refused to turn over the possession of the property to Juan alleging that she had been granted a free patent. Did Maria divest of her ownership through the tax sale?

Answer: Yes, Maria divested her ownership through laches (failing to bring the claim in a timely manner and to prejudice of the opposing party) and under Agricultural Public Lands failure to comply to the requirements of the law, the unregistered agricultural land will be return to the state and state can sale the land through public auction wherein the highest bidder can own the land.

●“A” owned a parcel of unregistered land located on the Tarlac side of the boundary between Tarlac and Pangasinan. His brother “B” owned the adjoining parcel of unregistered land on the Pangasinan side. “A”sold the tarlac parcel to “X” in a deed of sale executed as a public instrument. After “X” paid in full the price of the sale, “X” took possession of the Pangasinan parcel in the belief that it was the tarlac parcel. After twelve (12) years, a controversy arose between “B” and “X” on the issue of the ownership of the Pangasinan parcel. Who is the rightful owner of Pangasinan parcel?

Answer: The rightful owner of the Pangasinan parcel is B and it is misconception that X owned the Pangasinan parcel wherein in the legal document (deed of sale) it was stated that A sold the Tarlac side which X will be owned and X does not have the right to own the Pangasinan parcel even he have cultivated the land for 12 years since it is owned by B. Still the owner of the unregistered land in Pangasinan side is B.

●In 1950, the Bureau of Lands issued a Homestead patent to “A”. Three (3) years later, “A” sold the homestead to “B”. “A” died in 1990, and his heirs filed an action to recover the homestead from “B” on the ground that its sale by their father to the latter is void under Section 118 of the Public Land Law. Can the heirs still recover the homestead patent?

Answer: Yes, the heirs of A can still recover the homestead for under Section 118 of CA 141 Public Land Act, lands acquired under free patent or homestead provisions shall not be subject to encumbrance or alienation from the date of the approval of the application and for a term of five years from and after the date of issuance of the patent or grant. And since A sold the Homestead land after 3 years of the issuance of the patent, the sale is considered as null and void which the heirs of A may acquire the possession of the Homestead Land.

●Juan and his sister Juana inherited from their mother two parcels of farmland with exactly the same areas. For convenience, the Torrens certificates of title covering both lots were placed in Juan’s name alone. In 1996, Juan sold to an innocent purchaser one parcel in its entirely without the knowledge and consent of juana, and wrongfully kept for himself the entire price paid. What can juana do?

Answer: Juana should first settle the issue with her brother, and talk about the 50/50 shares of the sold land. If Juan does not want to give Juana’s 50% share of the money from the sold lot, then Juana has the right to apply for transfer of titles of the land. Juana can own the other parcel since it was stated that the two parcels were inherited from their mother, and she has the right to own the other parcel with same areas.