Buying land in the Philippines is less about “finding a good deal” and more about verifying title, identity, authority, and restrictions—then documenting the transaction so it is registrable, tax-compliant, and enforceable. This checklist is written in a practical, legal-article style: what to check, why it matters, what documents to demand, where risks hide, and what steps make ownership legally secure.
1) Start With the Non-Negotiables: Can You Legally Own the Land?
A. Buyer eligibility (constitutional and statutory limits)
- Filipino citizens may own private land.
- Foreign nationals generally cannot acquire private land (with limited exceptions such as hereditary succession, and certain special laws for specific cases). A foreigner may own condominium units subject to foreign ownership caps, but land ownership remains restricted.
- Corporations/associations: only entities that are at least 60% Filipino-owned may acquire private land (and even then subject to limits and purpose requirements under applicable laws).
Checklist
- Confirm your citizenship status (or your entity’s ownership structure).
- If buying through a corporation: verify SEC records, GIS, and ownership compliance.
B. Land classification: alienable and disposable vs. inalienable
Not all land is privately ownable. Land must be classified as alienable and disposable (A&D) to be privately titled if it originated from the public domain. Many disputes come from “titled-looking” claims over land that is not legally disposable.
Checklist
- Confirm whether the land is private land with a valid Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT).
- If the property’s history suggests public land origins, verify A&D status through proper government certifications (common in rural/peri-urban areas and for untitled land being “titled later”).
2) Identify the Correct Property: “What Exactly Are You Buying?”
A. Match the title to the ground
A classic problem: the title describes one parcel, but the fenced area on the ground is different.
Checklist
Get the title number, lot and block, survey plan references, technical description, and area.
Compare:
- Title technical description vs. tax declaration vs. approved subdivision plan vs. actual boundaries.
Require a relocation survey by a licensed geodetic engineer for:
- boundary confirmation,
- encroachments,
- overlaps, and
- right-of-way issues.
B. Check road access and easements
A landlocked lot is a legal and practical headache.
Checklist
Confirm right-of-way (ROW) access:
- by title annotation,
- by subdivision plan,
- or by a registrable easement agreement.
Identify easements:
- legal easements (e.g., for drainage, shorelines, utilities),
- private easements (driveways, passage).
Inspect physical indicators: power lines, pipelines, drainage canals.
3) Verify the Seller: Identity, Capacity, and Authority
A. Seller identity must match title
Checklist
Seller’s name on title must match their valid IDs and civil registry documents.
If seller name differs due to marriage/annulment/adoption/correction:
- require marriage certificate, court documents, annotated records as applicable.
B. Capacity and authority to sell
Checklist
If seller is married:
- Determine whether the property is conjugal/community or exclusive.
- Often, spousal consent is required (the safe practice is to obtain it unless clearly exclusive and properly proven).
If seller is a minor/under guardianship:
- sale typically requires court authority.
If seller is deceased:
- you generally cannot “buy from the dead.” You buy from heirs/estate, requiring settlement documentation.
C. Representative or attorney-in-fact
Scams frequently use fake Special Powers of Attorney (SPA).
Checklist
If the seller is represented:
- demand the notarized SPA (or board resolution/secretary’s certificate for corporations).
- verify that the SPA specifically authorizes sale of that property, sets authority to sign the deed, and can receive payment.
- verify authenticity with the notary’s details and the document’s notarial registry when possible.
Ensure IDs and specimen signatures match.
D. Corporate seller
Checklist
- SEC registration documents, latest General Information Sheet, board resolution authorizing sale, secretary’s certificate, and authority of the signatory.
- Confirm the property is in the corporate name on the title.
4) Title Due Diligence: The Heart of the Checklist
A. Obtain a Certified True Copy (CTC) of the title from the Registry of Deeds
Do not rely on photocopies from the seller.
Checklist
Request a Certified True Copy from the Registry of Deeds (RD) where the property is registered.
Confirm:
- title number,
- registered owner,
- technical description,
- annotations/encumbrances,
- and whether it is an OCT/TCT.
B. Check for liens, encumbrances, and adverse claims
Annotations can defeat your purchase or burden it.
Checklist Review title annotations for:
- Real estate mortgage (REM) to banks or individuals
- Leases registered on title
- Adverse claim
- Lis pendens (property subject to litigation)
- Attachments/garnishments (court-related)
- Right of first refusal or other contractual encumbrances
- Easements and restrictions
- Co-ownership notes or partition issues
Practical rule: If the title is not “clean,” require written legal strategy:
- release of mortgage,
- cancellation of adverse claim,
- court order for cancellation if necessary,
- or price/escrow protections.
C. Verify title authenticity and detect red flags
Checklist
Compare the RD CTC to seller’s copy.
Look for warning signs:
- very recent transfers without clear reason,
- suspiciously low prices in prior deeds,
- missing owner’s duplicate title,
- unusual alterations/typos,
- multiple title numbers referenced inconsistently.
D. Confirm tax status and tax mapping consistency
Checklist
- Latest Tax Declaration (TD) in the seller’s name.
- Latest real property tax (RPT) receipts and a tax clearance/certification of no arrears from the local treasurer.
- Confirm land classification in TD (residential/agricultural/commercial) and compare with actual use and zoning.
5) Land Use, Zoning, and Regulatory Restrictions
A. Zoning and local restrictions
Checklist
Obtain zoning certification from the local planning office where relevant.
Verify if property is in:
- residential-only zones,
- commercial zones,
- protected zones,
- hazard zones (flood/landslide),
- road-widening alignments.
B. Agrarian reform issues (CARP)
Agricultural land can be subject to agrarian restrictions that affect transferability.
Checklist
Determine if land is agricultural and potentially covered by agrarian laws.
Request clearances/certifications as applicable (practice varies by locality and land history).
Confirm whether the land is:
- awarded land (CLOA/EP),
- within retention limits,
- subject to transfer restrictions or DAR processes.
C. Indigenous Peoples’ rights / ancestral domains
In areas with ancestral domain claims, transfers may be restricted.
Checklist
- Check whether the property lies within or near ancestral domains or claims requiring special compliance.
D. Environmental and shoreline rules
Coastal, river-adjacent, and watershed properties may have special easements and restrictions.
Checklist
Identify if property is near:
- shorelines,
- rivers/creeks,
- mangroves,
- protected areas.
Confirm easements and buildable areas.
6) Possession and Occupancy: Who Is Actually Using the Land?
Buying land with occupants can turn into a long eviction or boundary dispute.
Checklist
Conduct an on-site inspection:
- Is it fenced?
- Are there tenants, caretakers, informal settlers?
- Are there crops, structures, or improvements claimed by others?
Require:
- written disclosure of occupants and tenancy,
- surrender/turnover documents,
- termination/quitclaim agreements where appropriate,
- proof of authority to remove occupants (if any).
For tenanted property, verify lease terms and whether you are buying subject to lease.
7) Co-Ownership, Inheritance, and Estate Issues
A. Co-owned property
Checklist
- Confirm all co-owners sign the deed, or that there is a partition clearly allocating the portion sold.
- Beware: one co-owner generally cannot sell specific portions that belong to others without partition.
B. Inherited property (the “heirs selling” scenario)
Checklist
Require evidence of heirs and estate settlement:
- extrajudicial settlement or judicial settlement documents,
- publications (where required),
- estate tax settlement,
- and updated title in heirs’ names when feasible.
If selling before title transfer:
- treat as high risk; require robust documentation and escrow.
8) The Contract Stack: Reservation, Option, Contract to Sell, Deed of Absolute Sale
A. Reservation agreement
Used to “hold” a property, but can be abused.
Checklist
Ensure it states:
- exact property ID (title number, lot details),
- purchase price and inclusions,
- reservation fee treatment (refundable or forfeitable; conditions),
- deadline for due diligence,
- consequences if title issues are found.
B. Option to purchase
An option requires consideration to be binding.
Checklist
If using an option, ensure:
- clear option period,
- option money/consideration distinct from purchase price (if intended),
- exercise mechanism,
- seller’s obligation to sell upon exercise.
C. Contract to Sell vs. Deed of Absolute Sale
- Contract to Sell: seller retains title until full payment; buyer gets right to demand sale upon completion.
- Deed of Absolute Sale: ownership transfers upon registration; payment terms can still be staged but risk shifts.
Checklist
Choose structure based on risk:
- If buyer paying installments: Contract to Sell + escrow controls is common.
- If paying full: Deed of Absolute Sale with immediate tax/registration steps.
D. Key clauses to include (either way)
Checklist
Representations and warranties:
- seller is owner, has authority, property is free of liens except disclosed
Undertaking to clear encumbrances prior to transfer
Allocation of taxes/fees (CGT/CWT, DST, transfer tax, registration fees)
Default and remedies
Turnover and possession date
Indemnity for hidden defects in title
Requirement to deliver Owner’s Duplicate Title and signed registrable documents
9) Taxes and Fees: Budgeting and Legal Compliance
A. Capital Gains Tax (CGT) or Creditable Withholding Tax (CWT)
For most sales of real property classified as capital asset by individuals, a CGT regime commonly applies. For certain sellers (e.g., corporations or where property is ordinary asset), CWT may apply instead.
Checklist
Identify seller type and asset classification early:
- individual vs. corporation
- capital asset vs. ordinary asset
Ensure correct tax treatment before signing final documents.
B. Documentary Stamp Tax (DST)
DST is generally payable on deeds of sale and related instruments.
Checklist
- Confirm who pays DST (often buyer by agreement, but negotiable).
- Ensure payment and receipts are complete for registration.
C. Transfer Tax and registration fees
Local transfer tax is paid to the local government, and registration fees to the RD.
Checklist
- Obtain official assessments and receipts.
- Expect deadlines; penalties accrue for late compliance.
D. Real Property Tax (RPT) arrears
RPT arrears become a practical obstacle and can lead to tax delinquency sales.
Checklist
- Secure tax clearance and latest receipts.
- Require seller to settle arrears before closing, or deduct and pay directly with proof.
10) Closing Mechanics: How to Pay Without Getting Burned
A. Avoid “pay first, chase later”
The safest closings align payment with deliverables.
Checklist
Use:
- manager’s check payable to seller upon simultaneous release of documents, or
- escrow arrangement (lawyer/bank escrow) where feasible.
Link payment tranches to:
- delivery of Owner’s Duplicate Title,
- signed notarized Deed of Absolute Sale,
- tax payment filings/receipts,
- mortgage releases (if any),
- RD acceptance/entry.
B. Required deliverables at closing
Checklist
- Owner’s Duplicate Title (ODT)
- Notarized Deed of Absolute Sale (or Contract to Sell + future deed)
- Valid IDs of signatories; proof of authority (SPA/board resolution)
- Tax Declaration and RPT clearances/receipts
- If mortgaged: release documents and bank clearance
- Updated special clearances if applicable (e.g., DAR-related, zoning, etc.)
- Turnover/possession documents (if immediate)
11) Notarization: Make the Deed Registrable and Enforceable
Notarization is not just formality; it is often required for registrability and evidentiary weight.
Checklist
- Ensure all signatories appear before the notary with valid IDs.
- Confirm notary jurisdiction and proper acknowledgment.
- Avoid “fly-by-night” notarization and blank acknowledgment blocks.
12) Registration: Where Ownership Becomes Effective Against the World
A signed deed does not fully protect you until properly registered.
Checklist
Pay required taxes (BIR and local) and secure certificates/clearances used for transfer.
File the deed and supporting documents with the RD:
- deed, tax receipts, clearances, IDs, and other RD requirements.
Ensure issuance of a new TCT in the buyer’s name.
Update the Tax Declaration with the assessor’s office after transfer.
Practical warning: Many buyers stop after signing and payment, then discover later that the title was never transferred, leaving them vulnerable to double-sale, encumbrances, or heirs’ claims.
13) Special Scenarios and Extra Checks
A. Buying a portion of a titled lot
Checklist
- Require subdivision approval and creation of a separate titled lot before final sale, when possible.
- If selling undivided interest, understand you may become co-owner rather than owner of a specific portion.
B. Buying property with improvements (house, buildings)
Checklist
- Ensure improvements are included in the deed if intended.
- Verify building permits/occupancy, especially if you plan to use financing.
C. Financing and bank loans
Banks impose their own due diligence and may require:
- updated CTC of title,
- appraisal,
- proof of income,
- tax clearances,
- and clean title without adverse annotations.
Checklist
- Align timelines so the seller cooperates with bank requirements.
- Ensure the deed structure matches loan disbursement.
D. Condo vs. land
Condominium purchases have additional condominium law and master deed restrictions. Do not treat them as simple land title transactions.
14) Red Flags That Should Stop the Deal (or trigger “lawyer + surveyor + escrow” mode)
Stop or slow down if you see:
- Seller refuses RD Certified True Copy request
- Seller cannot produce Owner’s Duplicate Title (or claims it’s “with someone else” without verifiable proof)
- Title has lis pendens, adverse claim, attachment, or unresolved mortgage
- Property is occupied and seller promises “we’ll handle it later”
- SPA is vague, old, or suspicious; principal is unreachable
- Price is far below market with urgency pressure
- Boundaries on the ground don’t match the plan/title
- Claims that land is “tax dec only” but marketed as titled (untitled land requires different risk treatment)
15) Practical Master Checklist (Condensed)
Identity & Authority
- ☐ Valid IDs of seller(s) + matching name on title
- ☐ Proof of civil status; spousal consent where needed
- ☐ SPA/board resolution verified and specific to the sale
Property & Title
- ☐ RD Certified True Copy of title (recent)
- ☐ Review all annotations: mortgage, adverse claim, lis pendens, attachment, easements
- ☐ Owner’s Duplicate Title available for transfer
- ☐ Tax Declaration matches title details
- ☐ Relocation survey confirms boundaries/area/no encroachments
Taxes & Local Compliance
- ☐ RPT paid; tax clearance secured
- ☐ Zoning/land use checked
- ☐ Agrarian/IP/environmental restrictions checked where relevant
Contracts & Closing
- ☐ Clear written terms: price, inclusions, deadlines, remedies
- ☐ Notarized registrable deed prepared correctly
- ☐ Payment tied to document release (escrow where feasible)
- ☐ All deliverables collected: ODT, notarized deed, IDs, clearances, receipts
Transfer & Post-Closing
- ☐ Taxes paid and documented
- ☐ RD registration completed and new TCT issued
- ☐ Tax Declaration updated to buyer
- ☐ Possession/turnover documented
16) The Core Principle
In Philippine land purchases, the legally safest approach is to treat the deal as a controlled sequence: verify title → verify seller authority → verify restrictions → notarize correctly → pay in a protected closing → register the deed → update tax records → secure possession. The further you deviate—especially by paying before registrable documents and verifications—the more the transaction becomes a dispute waiting to happen.