This document discusses various topics related to documenting and registering property transactions including liens, encumbrances, deeds, and essential elements of contracts and deeds. It defines terms like liens, encumbrances, easements, deeds of sale, donation and exchange. It outlines elements required in contracts and deeds, and discusses special purpose deeds and preparing relevant documents.

1. Documentation and
Registration of Property
Designed & Lectured by:
MANUEL C. ADIOVA, FPM, DBA, PhD, RFP
RE Broker License No. 0006511
RE Appraiser License No. 0005965
Accredited RE Lecturer No. 0085
RE Consultant License No. 00105
Associate Financial Planner No. 020152556

2. Liens – money claims
• General real estate tax lien - LGU
• Mortgage lien - creditors
• Mechanic’s lien – suppliers, etc.
• Judgment lien – court order

3. Encumbrances
• Deed of restrictions
• Encroachments
• Easements -”the right to someone’s land”
– Appurtenant
– Easement by necessity
– Easement by prescription:

4. Memorandum of Liens and Encumbrances at
the back of the title
• Liens – tax, mortgage, mechanic’s, judgment
• Judicial foreclosure – writ of attachment, writ of foreclosure
• Rules of Court, Section 4 Rule 74 : 2-year period for
claimants of inheritance of the deceased

5. Memorandum of Liens and Encumbrances at
the back of the title
• Easements
• Lease
• Adverse claim
• Cancellations of notations

6. Memorandum of Liens and Encumbrances at
the back of the title
• Conveyance of a part of the property
• Deed of assignment
• Subdivision and condo restrictions
• Special power of attorney

7. Memorandum of Liens and Encumbrances at
the back of the title
• JV agreement
• Donation
• Socialized housing annotation
• Affidavit of loss
• Etc…

8. Basic Elements in contracts
• 18 years old to enter into a contract
• Elements of conveyance:
– 1) Consent
– 2) Object
– 3) Consideration
• Power of attorney
– General power of attorney: usually for admin
– Special power of attorney: sales, mortgage,
lease

9. Basic Elements
• Sale to former natural born Filipinos
BP 185: Residential
– 1,000sqm urban, 1ha. Rural areas
RA 8179: Business
– 5,000sqm urban, 3 ha. Rural areas

10. Property Deeds
• A written and signed legal instrument
• Used to transfer ownership of real property from the old
owner (the grantor) to the new owner (the grantee).
• Only those of majority age can enter into contracts (18).

11. Special purpose deeds
• Administrator's Deed - person dies intestate (no will); Court
appointed administrator conveys the title.
• Executor's Deed - person dies testate (with a will). The
Executor will convey the title.
• Sheriff's Deed - given to the successful bidder at an execution
sale to satisfy a judgment obtained against the owner.
• Tax Deed - issued when a property is sold for delinquent taxes.
• Deed in Lieu of Foreclosure - borrower who is in default on a
mortgage pays in the form of property (dacion).
• Deed of Gift - A deed of gift or gift deed is used to convey the
title on real property that is given for no consideration or for only
a token consideration.

12. Essential elements of deeds
1. It must be in writing. No legal requirement that any
specific form be used as long as the essential
elements are included.
2. The grantor must have legal capacity, and the grantee
must be capable of receiving the grant of the
property.
3. The property must be adequately described.
4. The deed must be signed by the grantor/s.
5. The deed must be legally delivered to the grantee or
to someone acting on the grantee's behalf.
6. The deed must be accepted by the grantee.

13. Property deeds – Philippines
• Deed of absolute sale – if property is being sold
• Deed of donation – if property is being donated
• Deed of exchange – if property is being bartered
• Deed of conveyance – if property is being transferred as a
result of a JV or other agreement

14. Deed of Absolute Sale
A simple documentconveying or transferring ownership of
property :
 Describes the property in terms of metes and bounds
 Warrants that the Seller is the absolute owner.
 In the U.S. = Warranty Deed
 It can also contain the agreement between the parties as to who will pay for
taxes and expenses for titling.

15. Preparing the documents
• Notarize. If abroad, authenticate notary.
• For corporations:
– Notarized secretary's certificate of board
– Articles of incorporation and SEC certificate
– Certified true copy of latest tax declaration.