Land Area Discrepancy After Survey: Is the Seller’s Claim for Excess Area Valid? (Philippines)

Overview

A familiar problem in real estate deals is the “missing” or “extra” square meters discovered after a relocation survey. A seller might say, “The new survey shows the lot is bigger than the title—pay me for the excess.” Or a buyer might argue, “The land is short—reduce the price.” Whether either claim succeeds depends on: (1) how the sale was structured, (2) what the title and technical description actually convey, and (3) why the discrepancy exists. This article lays out the full Philippine legal framework and practical playbook.

The Legal Building Blocks

1) What a Torrens title conveys

Indefeasibility of title: A valid, existing Original/Transfer Certificate of Title (OCT/TCT) is conclusive against the world as to ownership of the land it actually covers.
Boundaries vs. area: In Philippine land law, fixed boundaries (natural or artificial monuments, bearings and distances in the technical description) prevail over a mere statement of area. Area is an outcome of the bearings and distances; it is not the controlling element.
Technical description governs: The metes-and-bounds in the title’s technical description (and its mother survey plan) define the parcel. If monuments and bearings close, that is the land conveyed—even if the printed square meters seem off.

2) Contract rules on sales of real property

Philippine civil law recognizes two classic modes of selling land:

Sale by unit price (price per square meter): The parties price the land on a per-sqm basis. Shortage generally yields a price reduction (and beyond a material threshold, rescission); excess generally calls for a proportionate increase—unless the contract shows a different intent.
Sale for a lump sum / a cuerpo cierto (by boundaries): The land is sold as a determinate thing within stated boundaries for a fixed price, regardless of exact area. In this mode, later discoveries that the area is more or less do not adjust the price, so long as the buyer receives the land within those boundaries.

Key takeaway: Whether anyone can charge or recover for “excess area” largely turns on how the parties priced the deal and what the deed says (per-sqm vs. lump sum, and whether boundaries control).

3) Registration statutes and corrections

Clerical vs. substantial corrections: Minor typographical or clerical mistakes in area may be corrected administratively or via a summary proceeding. But if the correction is substantial (e.g., materially increasing area because the metes-and-bounds are wrong), it typically requires a proper proceeding before the land registration court with notice to affected owners and government agencies.
Surveys and approvals: For titled land, only surveys prepared by a licensed geodetic engineer and approved by the DENR-Land Management Services can support changes to a title plan/technical description.

Why Discrepancies Happen (and what they mean)

Computation or drafting error
- The bearings/distances describe a polygon that closes correctly, but the printed area on the face of the title is miscomputed.
- Legal effect: The metes-and-bounds still control. The “excess” is not new land; it was always within the titled boundaries. A correction of the stated area (not the polygon) may be appropriate.
- Pricing effect: If the sale was lump sum/by boundaries, no price change. If per-sqm, a price adjustment may be due—but only if the parties truly agreed to price per sqm.
Survey error in bearings/distances (wrong polygon)
- The polygon itself is wrong, overlapping neighbors or public land.
- Legal effect: This is not an “excess” of the seller; it might be an overlap or encroachment issue needing judicial/administrative correction. No automatic right to collect more money.
Natural accretion along a river/sea (alluvion)
- Soil gradually and imperceptibly attaches to riparian/coastal land.
- Legal effect: The riparian owner acquires the accretion by operation of law—but it is outside the original titled polygon until separately surveyed and registered.
- Pricing effect: Unless the contract separately addressed accretions, a seller cannot charge for accretion discovered post-sale if the sale has already conveyed the titled parcel by boundaries. Accretion formed after the sale would belong to the current riparian owner.
Relocation monuments found beyond titled lines
- Old concrete monuments (B.L./P.S. boundary markers) are found that suggest the ground occupation extends beyond the titled polygon.
- Legal effect: Monuments can control over bearings if they are the original, identified monuments of the controlling survey. Otherwise, they do not expand the title. A verification survey and agency approval are needed to rely on monuments over calls.
Cadastral consolidation/subdivision updates
- Newer control networks (e.g., NAMRIA, PRS92) can “shift” coordinates.
- Legal effect: Coordinate shifts do not enlarge ownership. Any update must preserve the original parcel’s identity vis-à-vis neighbors; changes that add land are suspect and usually require adversarial proceedings.

The Heart of the Dispute: Can the Seller Collect for “Excess Area”?

Work through these questions:

What did you sell—by sqm or by boundaries?
- Deed says “for and in consideration of ₱X for the parcel described by TCT No. ___ with its boundaries/technical description,” no per-sqm pricing, no total area as the price basis → a cuerpo cierto.
  - Result: Later-found “excess” does not change the price. The buyer already bought the land within the titled bounds.
- Deed or negotiation shows a price expressly computed at ₱____ per sqm for ____ sqm → sale by unit price.
  - Result: A verified, lawful excess within the same titled polygon can justify proportionate price increase (and shortages justify reduction), subject to any contractual thresholds/conditions.
Is the “excess” actually inside the titled polygon?
- If yes, and the issue was a mere area miscompute, the seller is not gaining new land—the land was always within the title.
- If no, and the “excess” lies outside the titled polygon, the seller cannot charge for it unless they lawfully own that adjoining land (by another title, by accretion duly registered, or by recognized possession giving rise to registrable rights) and the contract clearly covered it.
Was there a valid, approved survey and, if needed, a court-sanctioned correction?
- Private sketch plans or unapproved computations are not enough to change legal area.
- Payment claims pegged to an unapproved “re-survey” carry little legal weight.
Did the contract allocate the risk of area errors?
- Well-drafted deeds often include risk-allocation clauses: e.g., “sale is a cuerpo cierto; parties waive any price adjustment for any excess or deficiency of area,” or conversely, “final area per relocation survey by X shall govern price adjustments.”
- These clauses usually control.

Buyer and Seller Remedies

If you are the seller

When you can claim more money
- The sale was per-sqm, the verified excess lies within the titled metes-and-bounds (i.e., a miscomputed printed area), and the contract does not waive adjustments.
How to proceed
1. Commission a relocation/verification survey by a licensed geodetic engineer using the title’s technical description.
2. Secure DENR-LMS approval of the survey plan if you intend to support a title correction.
3. If the title’s printed area is wrong, seek a proper correction (clerical vs. substantial).
4. Make a written demand for proportionate payment only if the contract supports it.

If you are the buyer

When you can refuse
- The sale was lump sum/by boundaries; or the “excess” is outside the titled polygon; or the claim relies on an unapproved plan; or the discrepancy arose from a boundary shift/overlap not yet judicially resolved.
When you can demand a reduction/rescission
- The sale was per-sqm and a verified shortage exists; or the seller cannot deliver all land within the agreed boundaries (e.g., overlaps with a neighbor’s prior title).

Special Topics

1) Overlaps and encroachments

If the “excess” presses into a neighbor’s registered lot or public land, the dispute is not about pricing but title conflict. This triggers boundary proceedings, possible accion reivindicatoria, quieting of title, or administrative boundary verification—often with the land registration court.

2) Accretion vs. avulsion

Accretion (gradual build-up) accrues to the riparian owner but must be surveyed and registered before being treated as titled land.
Avulsion (sudden change) does not automatically transfer ownership. A seller cannot monetize post-sale accretions unless the contract says so.

3) Tax declarations and tax maps

Helpful for possession and assessment, but not proof of ownership or exact boundaries. They cannot expand a Torrens title.

4) Zoning and right-of-way reservations

Government road-widening or easements can make titled area seem “short.” That’s a delivery/encumbrance issue, not an “excess” due the seller.

Due Diligence Checklist (Do This Before Arguing About “Excess”)

Read the deed: Does it fix a lump sum price “by boundaries,” or compute price per sqm? Any waivers or survey-based adjustment clauses?
Get the source documents:
- Latest TCT/OCT (both front and back), technical description, and mother plan;
- Approved survey plan and relocation/verification survey prepared by a licensed geodetic engineer;
- DENR-LMS approvals, if any.
Plot the polygon: Have the geodetic engineer confirm whether the metes-and-bounds close and whether the ground occupation aligns with them.
Check neighbors: Obtain adjacent titles/plans to verify no overlap.
Identify the cause of discrepancy: Miscomputed area? Wrong polygon? Accretion? Coordinate datum shift?
Match to the contract mode: Unit price or a cuerpo cierto? Apply the correct rule.
Document everything: If a correction is needed, file the proper petition or administrative request; avoid informal “side deals” based on unapproved sketches.

Sample Contract Language (for future transactions)

A cuerpo cierto clause (no price adjustment): “The Parties acknowledge that the Property is sold as a determinate parcel by its technical description and boundaries, for a lump sum price, irrespective of exact area. Any excess or deficiency of area revealed by subsequent surveys shall not adjust the Purchase Price.”
Per-sqm with survey-governed price adjustment: “The Purchase Price is computed at ₱____ per sq.m. based on a final relocation survey by [Name of GE, PRC No. ___] to be completed on or before [date]. The Parties shall increase or decrease the Purchase Price proportionately to the final area, provided that if the variance exceeds [x%], the Buyer/Seller may elect to rescind without liability other than return of payments.”

Practical Answers to Common Questions

Q: The new survey shows +120 sqm. Can the seller bill me? A: Only if the sale was per-sqm (and the excess lies within the titled polygon, and the contract allows adjustments). If the sale was lump sum/by boundaries, no.
Q: The printed area on the title was 500 sqm; the computed polygon area from the same bearings is 560 sqm. A: That’s likely a miscomputed printed area. The polygon controls. Consider a clerical correction route if applicable; price depends on sale mode.
Q: The “excess” sits outside the titled polygon but within the fence line. A: Fences don’t expand a Torrens title. The claim fails unless the seller separately owns that adjacent land and the contract covers it.
Q: Who pays for the relocation survey? A: The contract can allocate this. In practice, the party asserting a price change should shoulder the survey (or both split costs if mutually desired).
Q: Can we just amend the title to the bigger area? A: Not without basis. Clerical mismatches can be corrected; substantial increases usually require court proceedings and notice to affected parties/government.

Bottom Line

Boundaries rule; area follows.
Your deed type rules pricing: per-sqm → possible adjustment; a cuerpo cierto → price stands.
No survey, no claim: Only approved surveys and proper corrections carry legal weight.
Excess outside the titled polygon is not the seller’s to charge for—it’s either someone else’s land, accretion needing registration, or a boundary problem to be resolved first.

If you’re in an actual dispute, bring your deed, title, technical description, and any surveys to a Philippine real estate lawyer and a licensed geodetic engineer. The right answer usually becomes obvious once the contract mode and the true polygon are pinned down.