Title
Partial application of cadastral survey law
Law
Act No. 3240
Decision Date
Nov 27, 1925
Act No. 3240 allows for the partial application of the Cadastral Act in municipalities without a regular cadastral survey, requiring a formal petition and approved survey plans, with costs assessed and paid according to the Cadastral Act provisions, and refunds granted if land is not adjudicated to the survey holder.
A

Payment of Registration Costs and Lien on Land

  • Costs for registration proceedings governed by the provisions of the Cadastral Act and its amendments.
  • These costs shall constitute a first lien on the land described in the certificate of title.
  • The lien may be canceled upon full payment by the titleholder.

Refund for Survey Costs When Adjudication Does Not Favor the Survey-Payer

  • If a surveyed lot is not adjudicated to the person who paid for the survey, that person is entitled to a refund of the actual survey cost.
  • The refund is payable by the party who receives the land's adjudication.
  • If the government is awarded the land, the party who paid for the survey does not have a right to a refund.

Location and Conduct of Proceedings

  • Proceedings should be held in the municipality where the lands are located whenever possible.
  • The court has discretion to assign the hearing to the local justice of the peace as referee without additional remuneration.
  • The procedure follows relevant Civil Procedure Code provisions concerning referees in special proceedings.

Survey Charges for New Surveys Post-Approval

  • For lands requiring surveys after the Act’s approval, charges must be agreed upon by the private surveyor and landholders.
  • The agreed survey fees and payment terms must first be approved by the Director of Lands for reasonableness.

Effectivity

  • The Act takes effect immediately upon approval.

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