1) What “Marked for Road Widening” Usually Means

In Philippine practice, a property is commonly described as “marked for road widening” when a portion of the land is identified (by plan, ordinance, or agency road-right-of-way map) as part of an intended or approved expansion of an existing road. This may show up as:

An annotation/remark on the title (Transfer Certificate of Title/Condominium Certificate of Title) or in the technical description references;
A note in the subdivision plan or survey plan (e.g., road lot line / proposed RROW);
A local zoning/road plan or an ordinance designating a road expansion corridor;
A government project plan (national road under Department of Public Works and Highways, or local road under an LGU).

Important: “Marked” is not always the same as “already acquired.” Some markings are only planning-level; others reflect a project already funded with acquisition underway.

2) Core Rule: Sale/Transfer Is Generally Allowed, But Not Free of Consequences

A. Can it be sold or transferred?

Yes—generally, it can be sold or transferred (by sale, donation, assignment, succession, etc.) even if it is affected by road widening, unless the law or a court order in a specific case prevents transfer, or ownership has already been transferred to government through expropriation/negotiated sale and registration.

However, the transfer will typically be subject to the “road widening” condition/annotation and to whatever legal effects flow from it (potential partial taking, restrictions on improvements, and reduced buildable area).

B. The buyer takes the property subject to encumbrances and annotations

In real property practice, a buyer is expected to examine:

the certificate of title and its annotations/encumbrances, and
the survey plans/lot data.

If the title is annotated (or the plans clearly show the affected portion), a buyer is generally deemed to have notice—and will be bound by the legal implications of that notice.

3) Why Transfer Is Still Possible: Ownership vs. Government Acquisition

Road widening is typically implemented through government acquisition of the affected portion via:

Negotiated sale (voluntary sale to government), or
Expropriation (eminent domain)—a court case where the government takes property upon payment of just compensation, or
In limited situations, other legal mechanisms affecting use (easements/setbacks), but true “road widening” generally needs acquisition of the needed strip.

A mere marking/plan does not automatically transfer ownership to government. Until acquisition is completed (and title for the acquired portion is effectively vested/transferred), the land remains privately owned—hence it can still be conveyed.

4) The Main Philippine Law Involved: Right-of-Way Acquisition

For national government infrastructure projects, the framework is largely governed by the Right-of-Way Act (Republic Act No. 10752) (as amended/implemented through rules and related issuances). Key practical effects include:

Government may acquire needed portions through negotiated sale first and proceed to expropriation if negotiations fail.
Compensation principles aim at just compensation, with procedures for payment/deposit depending on the mode.
Improvements and structures may be separately valued/compensated depending on legality, valuation rules, and project policies.

Even under this framework, private transfers remain possible, but the timing of “taking” and who is entitled to compensation becomes crucial.

5) The Big Practical Question: Who Gets Paid the Just Compensation If It’s Sold?

A. General principle: entitlement often tracks the “owner at the time of taking”

In expropriation doctrine, just compensation is generally due to the owner of the property at the time of taking (the moment the government effectively takes possession/deprives the owner of beneficial use, which can occur upon entry/possession under legal authority—often tied to court processes, deposits, or actual taking).

Implication:

If the property is sold before the legal “taking,” the buyer (new owner) typically stands to receive the compensation when the taking later happens.
If it is sold after taking has already occurred, the right to compensation may not automatically follow unless the claim is expressly assigned (because what’s being sold may effectively be the remaining property plus whatever rights the seller still has).

B. Best practice: expressly allocate the compensation rights in the deed

Because “taking” can be fact-sensitive, transactions involving road widening should include clear provisions in the:

Deed of Absolute Sale (or Deed of Donation), and/or
A separate Deed of Assignment of Rights/Claims (if needed),

stating who will receive any future compensation for the affected portion, improvements, disturbances, etc., and how the parties will cooperate.

C. Scenario guide

Only planned/marked; no acquisition steps yet
- Sale is usually straightforward, but buyer must accept risk of future partial loss and should price it in.
Negotiations ongoing; no expro case filed yet
- Sale is still possible; parties should clarify whether seller keeps the negotiation proceeds or buyer steps in.
Expropriation case already filed (or a notice of lis pendens/adverse claim appears)
- Sale is possible but buyer may be bound by the outcome and should treat it as high-risk.
Government already took possession / paid / portion already titled to government
- You can’t validly sell what you no longer own; you can only sell whatever remains (and possibly assign residual claims if any).

6) Effect of Annotations, Notices, and Court Cases on Transferability

A. Annotation about road widening

A road-widening annotation often signals that:

a portion is identified for acquisition, and/or
there may be limitations on building/permits along the corridor.

It usually does not prohibit transfer by itself, but it affects marketability and value, and may complicate permitting.

B. Lis pendens / notice of expropriation case

If there is a lis pendens (notice of pending litigation) or a clear annotation of an expropriation case:

Transfer may still be registrable, but the buyer generally takes subject to the case outcome.
A purchaser may be bound by the judgment affecting the property.

C. Adverse claim / other encumbrances

An adverse claim, mortgage, easement, or other encumbrance likewise does not always bar sale—but the buyer assumes the burden unless cleared.

7) Can the Registry of Deeds Refuse to Register the Transfer?

Typically, if the deed is in proper form and taxes/fees are paid, registration proceeds—even if there are annotations—because registration is about recording instruments affecting title. But if:

the title has been canceled and replaced (e.g., transferred to government),
a court order specifically restrains transfer,
or the instrument is defective, registration can be denied.

8) Practical Consequences for the Buyer (and Why Price Often Drops)

A road-widening marking can reduce value because:

Buildable area shrinks (effective lot depth/width decreases).
Setback/clearance requirements may tighten near the road.
Future demolition risk for perimeter walls, fences, extensions, or even main structures if they encroach into the acquisition line.
Business disruption if the property is commercial and the frontage will be taken.
Financing issues: some banks are cautious with heavily affected properties.

9) Structures, Improvements, and “Illegal” Constructions

One frequent issue is whether compensation includes improvements.

Legally built structures (with permits, not on easements/road lots) are more likely to be compensable according to valuation rules.
Encroachments into road lots, easements, or without permits can be treated differently—sometimes removal is required without full compensation, depending on the facts and applicable rules.

This is why due diligence should include checking:

building permits/occupancy permits,
actual footprint vs. lot boundaries,
possible encroachments into the proposed RROW.

10) Due Diligence Checklist Before Buying a “Road Widening” Property

A careful buyer typically verifies:

Title clean copy and all annotations
Certified true copy of the latest title and tax declaration
Lot plan / relocation survey to see the exact affected strip
Road right-of-way line from the relevant office (LGU engineering office for local roads; Department of Public Works and Highways for national roads)
Whether there is:
- a pending expropriation case,
- an approved project with funding,
- prior offers/negotiations,
- prior payments/deposits for ROW
Whether existing improvements are within the affected strip
Whether the seller has received any partial payment or signed undertakings that affect transfer

11) Contract Drafting: Clauses Commonly Used

For transactions involving potential road widening, parties often include provisions on:

Disclosure and acceptance: buyer acknowledges road widening marking and buys “as is, where is” subject to it.
Price adjustment: discount reflecting affected area or uncertainty.
Allocation of compensation:
- seller keeps compensation if taking is deemed to have occurred before sale, or
- buyer receives future compensation, or
- a split formula (e.g., seller for past negotiations, buyer for future taking).
Cooperation undertakings: who will sign government forms, claims, quitclaims, and attend valuations.
Indemnity: who bears loss if government takes more than expected or if structures are ordered demolished.
Condition precedent (in some deals): completion of survey confirmation of affected area.

12) Special Situations

A. Partial vs. total taking

Most road widening is partial taking (a strip along frontage). Partial taking raises issues like:

whether the remainder becomes irregular/unusable,
whether the taking affects access, parking, or business operations,
potential claims for consequential damages/benefits (fact-specific).

B. Subdivision lots and developer road reservations

Sometimes the “road widening” mark comes from subdivision planning (future road expansion corridors). These can be tricky:

verify whether the strip is already reserved/dedicated as road (which might mean it was never meant to remain private),
check the approved subdivision plan and any deed of dedication.

C. Donations/transfers within families

Transfer by donation or inheritance is generally allowed, but tax and timing implications remain:

entitlement to compensation still depends on “taking” timing and proper documentation of the successor’s rights.

13) Bottom Line

A property marked for road widening is generally sellable/transferable in the Philippines.
The transfer is not a shield against government acquisition; it simply changes who owns the property when acquisition occurs.
The most important legal-and-practical issue is who is entitled to future just compensation, which depends heavily on the timing of taking and should be clearly addressed in the deed and supporting documents.
The annotation/marking primarily affects risk, value, permitting, and compensability of improvements—not the basic ability to convey ownership.