How to Conduct a Philippine Land Title Search: Owner, Liens, and Encumbrances

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)

  1. Go to the correct RD. RD jurisdiction is where the land is located.
  2. Request the CTC of the OCT/TCT/CCT by number and owner’s name.
  3. Ask for all pages (front and back/annotations). If the title is an e-Title, the CTC will reflect that.
  4. 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).
  5. 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)

  1. 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.
  2. 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.
  3. 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.
  4. 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).
  5. 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

  1. Start at the Assessor using the address/PIN/ARP to pull the tax declaration and map key.
  2. From the tax records, get the declared owner and identifiers (lot/block/plan).
  3. Go to the RD and search by owner’s name and/or property identifiers to obtain the title number.
  4. 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)

  1. Gather identifiers (title no./owner/address).
  2. Get CTC of title from the RD (and check the Entry Book for pending filings).
  3. Pull Tax Declaration(s) and RPT clearance.
  4. Obtain Zoning Certification and survey plan; commission relocation by a Geodetic Engineer.
  5. Run court/sherriff checks for cases/levies.
  6. If agricultural/ancestral/environmentally sensitive: get DAR/NCIP/DENR clearances or certifications as needed.
  7. Verify seller’s identity/authority/capacity (SPA, board approvals, estate proceedings).
  8. Resolve/cancel any encumbrances; align documents for transfer (taxes, CAR from BIR, DST/transfer tax, registration).
  9. 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.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.