Title
Amendment on Land Transfer Certification
Law
Acts No. 4029
Decision Date
Dec 8, 1932
An amendment to the Land Registration Act in the Philippines requires the verification and approval of a plan of the land before transferring a deed for a part of the land or subdivided lots, with the register of deeds issuing a memorandum of the conveyance on the grantor's certificate of title if the transfer certificate cannot be entered.
A

Plan Approval and Document Filing Procedures

  • A certified copy of the approved subdivision plan and technical descriptions must be filed with the Register of Deeds and recorded in the corresponding certificate of title.
  • After approval, the Register of Deeds shall:
    • Enter the transfer certificate of title in favor of the grantee for the portion sold.
    • Issue the owner’s duplicate to the grantee for the purchased portion.
    • Enter a new certificate and issue an owner’s duplicate to the grantor for the remaining land not conveyed.

Option for Memorandum Instead of New Certificate to the Grantor

  • If the land is subdivided into several lots identified by numbers or letters, the Register of Deeds may, upon the grantor’s request, record a memorandum of conveyance and issuance of the transfer certificate instead of cancelling the grantor’s certificate.
  • The memorandum shall indicate the specific lot or lots sold and the cancellation of the grantor’s title to those lots.
  • The certificate with such memorandum remains valid as proof of the grantor’s title to the remaining untransferred land, functioning as if a new certificate had been issued.
  • Non-issuance of a new certificate to the grantor for the remaining land does not invalidate the transfer certificate issued to the grantee for part of the land.

Resolution of Discrepancies in Subdivision Plans

  • If there is a discrepancy between the subdivision plan and the original plan that may prejudice adjoining owners or interested parties, the Director of Lands must report the issue to the Court of First Instance of the province.
  • The court will hold a hearing after due notice and decide on all matters arising from the subdivision plan discrepancy.

Repeal of Inconsistent Acts and Regulations

  • All laws, rules, and regulations inconsistent with the amendments introduced by this Act are modified or repealed accordingly.

Effectivity

  • The provisions of this Act take effect immediately upon approval.

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