How to Conduct a Philippine Land Title Search: Owner, Liens, and Encumbrances
Philippine legal context. Practical, step-by-step. For general information only, not legal advice.
The basics: what you’re verifying (and why)
A “land title search” in the Philippines means checking the registered ownership of a parcel and everything annotated on the title that could affect ownership or use—mortgages, levies, easements, adverse claims, court orders, etc. The Philippines uses the Torrens system (Property Registration Decree / P.D. 1529): once a property right is registered, it generally binds third parties. The Register of Deeds (RD) keeps the official record; you verify by getting a Certified True Copy (CTC) of the title and reading its Encumbrances page.
Who keeps which records
- Register of Deeds (RD) (under the Land Registration Authority): Titles and their annotations; Day/Primary Entry Book (log of documents presented for registration).
- Assessor’s Office (City/Municipal/Provincial): Tax Declarations (land and improvements), property card/map key.
- Treasurer’s Office: Real Property Tax (RPT) records and Tax Clearance.
- DENR/LMB/CENRO/PENRO: Land classification (public domain/A&D), approved survey plans, lot data.
- Local Zoning Office / DHSUD & HSAC (formerly HLURB functions): Zoning certifications, subdivision/condo documents.
- Courts (RTC/MeTC) & Office of the Clerk of Court: Cases, lis pendens, attachments, sheriff’s levies.
- DAR / NCIP / Other agencies (as applicable): Agrarian reform coverage (CLOA/EP), certificates on ancestral domain (CADT/CALT), protected areas, foreshore and waterway easements.
Types of Philippine titles
- OCT – Original Certificate of Title: First registration of the land.
- TCT – Transfer Certificate of Title: Issued after transfer/subdivision/consolidation of an OCT/TCT.
- CCT – Condominium Certificate of Title: For condo units; land and common areas are covered by master documents.
The minimum info you need to start
Any one of these is usually enough:
- Title number (e.g., “TCT No. 123456, RD of Quezon City”).
- Registered owner’s name and RD location.
- Property identifiers from the Assessor (ARP/PIN, lot/block/phase, subdivision name, street address).
Titles are public records. Anyone may request a CTC upon paying fees; some RDs ask you to fill out a slip with the title number/owner and show an ID.
Step-by-step: obtaining the Certified True Copy (CTC)
- Go to the correct RD. RD jurisdiction is where the land is located.
- Request the CTC of the OCT/TCT/CCT by number and owner’s name.
- Ask for all pages (front and back/annotations). If the title is an e-Title, the CTC will reflect that.
- Optionally check the Day/Primary Entry Book for pending (un-annotated) entries affecting that title (present your CTC and request a search by title/owner).
- Get official receipts and keep the OR numbers with your file.
How to read the CTC
Face/Title page
- Registered Owner (spelling, marital/civil status, citizenship).
- Property Description: Lot and plan number (e.g., Lot 3, Psd-____), area in square meters, boundaries, location (barangay/city).
- Derivation: Mother title (if TCT/CCT) or previous TCT numbers.
- Memoranda: Notes about reconstitution, re-issuance, replacement.
Encumbrances/Annotations page Each entry typically has:
- Entry No. (document number)
- Date/Time of registration (priority matters)
- Nature of encumbrance (e.g., Real Estate Mortgage, Notice of Levy, Adverse Claim, Easement/ROW, Lis Pendens, Writ of Attachment, Affidavit of Loss, Reconstitution Order, Consolidation of Ownership, etc.)
- Parties involved
- Instrument details (Doc. No./Page/Book/Series of __; Notary; date)
Cancelled encumbrances will say “Cancelled by Entry No. ___.” An encumbrance that remains uncancelled continues to burden the land.
Common encumbrances and what they mean (in plain terms)
- Real Estate Mortgage (REM): Lien in favor of a creditor/bank. A sale normally requires Release of Mortgage and cancellation of the annotation, or buyer assumes the loan with lender approval.
- Notice of Levy on Attachment/Execution / Writs: Seizure to secure or satisfy a claim; flags litigation/collection risk.
- Adverse Claim: Someone asserts a right adverse to the registered owner (e.g., buyer under unregistered sale). Strong warning flag; understand its basis and case status.
- Lis Pendens: There’s a court case about the title/ownership or use; buying is high risk until case is resolved and annotation cancelled.
- Easements/Right-of-Way: Legal rights to pass, drain, or restrict building; often perpetual or long-term.
- Restrictions / Deed of Restrictions: Subdivision/condo rules; can limit building type/height/use.
- Tax Lien/Levy: Government claim for unpaid taxes; typically outranks private liens.
- Reconstitution / Replacement of Title: Title reissued after loss/destruction; review the court/admin order and supporting documents.
Cross-checks beyond the title (essential due diligence)
Assessor & Treasurer
- Get the Tax Declaration(s) for land and improvements; confirm declared owner and property index (PIN) match your title.
- Ask for Real Property Tax (RPT) clearance and latest ORs; check for arrears, penalties, or delinquency sale/levy history.
Survey & physical
- Secure the approved survey plan (e.g., Psd-/Pcs-/Lot No.).
- Hire a Geodetic Engineer to relocate boundaries on the ground and confirm area/overlaps/encroachments.
- Verify the land is within Alienable & Disposable (A&D) area if origins trace to public domain.
Zoning & land use
- Request Zoning Certification from the LGU (and, if relevant, estate/subdivision approvals via DHSUD/HSAC).
- Ensure intended use (e.g., commercial, industrial) is compatible with zoning and restrictions.
Courts & enforcement
- Search dockets (RTC/MeTC) for cases involving the owner/title; confirm status of any lis pendens/attachments.
- Check with the Sheriff’s Office for levies not yet visible on the title (then verify if already queued at RD).
Sector-specific checks (as applicable)
- Agrarian (DAR): CLOA/EP restrictions, conversion/clearance issues.
- Indigenous Peoples (NCIP): Whether the land is within CADT/CALT.
- Environment/Waterways (DENR/LLDA/others): Easements under the Water Code (typical zones along rivers/seas), protected areas, foreshore.
- Condominiums: Master Deed, Declaration of Restrictions, developer liens, HOA/condo dues and arrears.
If you don’t know the title number
- Start at the Assessor using the address/PIN/ARP to pull the tax declaration and map key.
- From the tax records, get the declared owner and identifiers (lot/block/plan).
- Go to the RD and search by owner’s name and/or property identifiers to obtain the title number.
- Once you have the number, request the CTC and proceed with the title read and cross-checks.
Tip: In subdivisions, bring the subdivision name, lot & block, and phase. For condos, the project name, unit number, floor, and parking slot no. help locate the CCT.
Authenticity and fraud checks
- Always rely on a recent CTC, not a photocopy of an owner’s duplicate.
- Compare technical descriptions (lot/plan/area/boundaries) across the CTC, survey plan, and tax declaration. They should align.
- Trace derivation (mother title to current). Sudden jumps or missing links are red flags.
- Watch for reconstituted or administratively reissued titles—review the underlying order carefully.
- Validate notarized documents (deeds, releases): check Doc/Page/Book/Series, notary commission status, and that signatories matched IDs and had capacity/authority (e.g., SPA, board resolution, Secretary’s Certificate).
- For married owners, confirm spousal consent/civil status if the regime makes the property conjugal/community.
- Possession check: Interview neighbors/barangay; long-term occupants, tenants, or disputes often surface here.
What a clean title looks like (in practice)
- Owner: matches the seller (individual/corporation/estate/SPA holder).
- Property description: matches the property you inspected on the ground.
- Encumbrances page: either blank or only shows cancelled annotations; no lis pendens, levies, adverse claims, active mortgages, or unresolved easements inconsistent with your planned use.
- Taxes: RPT fully paid; Tax Clearance issued.
- Zoning: Certification consistent with your intended use.
- Survey: No overlaps/encroachments per relocation survey.
What to do if you find an encumbrance
- Mortgage (REM): Require the seller to fully pay and obtain a Release/Cancellation and have it registered before or at closing; or get the lender’s assumption approval and keep the lien until paid.
- Levy/Attachment/Writ: Do not proceed until the issuing court lifts it and cancellation is registered.
- Adverse Claim/Lis Pendens: Understand the filer’s claim/case; proceed only after favorable resolution and annotation cancellation.
- Easement/Restriction: Ensure your project conforms; if not, reconsider or adjust plans.
Chain-of-title & priority principles (quick refresher)
- Registration = notice to the world. Between two buyers from the same seller, the first registrant in good faith generally wins.
- Unregistered real rights may bind the parties but don’t defeat a subsequent innocent registered right.
- Tax liens and certain statutory liens can prime private liens; check carefully.
- A decree of original registration becomes incontrovertible after the statutory period, but void titles (e.g., land not capable of registration) have different treatment—get counsel if you see public domain/ancestral indicators.
Special notes for condominiums
- Check CCT for encumbrances on the unit and parking.
- Review Master Deed/Declaration of Restrictions for use/alteration limits.
- Ask the property manager for a Dues/Arrears Certificate and whether the developer placed any blanket mortgage on unsold units or common areas (and whether yours is released).
Practical workflow (buyer/lender due diligence)
- Gather identifiers (title no./owner/address).
- Get CTC of title from the RD (and check the Entry Book for pending filings).
- Pull Tax Declaration(s) and RPT clearance.
- Obtain Zoning Certification and survey plan; commission relocation by a Geodetic Engineer.
- Run court/sherriff checks for cases/levies.
- If agricultural/ancestral/environmentally sensitive: get DAR/NCIP/DENR clearances or certifications as needed.
- Verify seller’s identity/authority/capacity (SPA, board approvals, estate proceedings).
- Resolve/cancel any encumbrances; align documents for transfer (taxes, CAR from BIR, DST/transfer tax, registration).
- Close only when all risk items are cleared and cancellations are registered.
Red flags that often save people from costly mistakes
- Seller cannot (or refuses to) produce a fresh CTC.
- Mismatch between title, survey, and tax declaration (owner, area, location).
- Active entries: lis pendens, levy/attachment, adverse claim, unreleased REM.
- Title recently reconstituted without clear basis; or multiple titles claim the same lot (double titling).
- Land is landlocked with no annotated right-of-way; or sits within easement/protected/foreshore zones.
- Tenants/occupants with long possession or agrarian indicators.
Frequently asked questions
Can I do this search if I’m not the owner? Yes. Titles are public records. Anyone may obtain a CTC from the RD upon payment of fees.
Is a clean title enough? No. Do the tax, survey, zoning, and court checks. Some risks (e.g., pending but un-annotated filings, tax levies in process, agrarian claims) may not yet appear on the encumbrances page.
What if the seller shows only a tax declaration? A tax declaration is not a title. Treat as unregistered land—riskier. Do heightened diligence and legal review.
Who should be on my due-diligence team? At minimum: a real estate lawyer and a Geodetic Engineer. For projects, add environmental/planning specialists.
Short checklist you can print
- CTC of OCT/TCT/CCT (all pages) from the correct RD
- Entry Book check for pending filings
- Tax Declaration(s), latest RPT ORs, Tax Clearance
- Approved survey plan and relocation survey report
- Zoning Certification consistent with intended use
- Court docket search; sheriff’s levy status
- Agency-specific clearances (DAR/NCIP/DENR) if applicable
- Seller identity & authority (IDs, SPA, board resolution, estate docs)
- All encumbrances resolved/cancelled and registered
- Closing taxes and BIR CAR, DST, transfer tax, registration ready
If you want, tell me the city/municipality and what you already have (title no., name, or address), and I’ll turn this into a tailored, step-by-step checklist for that LGU’s typical process.