MANY are asking what can be an immediate protection against the unauthorized sale of someone else’s land.
Others are also asking about remedies when it comes to deeds of sale not signed by both parties resulting to claims and conflicts between the buyer and the children of the deceased seller.
The person claiming to have rights and interest over the subject property must have to execute an affidavit of adverse claim, and have it annotated at the back of the title covering the land, which has been purchased by him from the seller.
Section 70 of Presidential Decree No. 1529 (Property Registration Decree) on adverse claim states that anyone who “claims any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration, may, if no other provision is made in this Decree for registering the same, make a statement in writing setting forth fully his alleged right or interest, and how or under whom acquired, a reference to the number of the certificate of title of the registered owner, the name of the registered owner, and a description of the land in which the right or interest is claimed.”
The purpose of the annotation of an adverse claim is to protect the interest of a person over a piece of real property. There is a controversy over the ownership of the land. Thus, it serves as a warning to third parties dealing with the property that someone is claiming an interest on the same property.
The person who wants to execute an affidavit of adverse claim should submit this to the Registry of Deeds (ROD) of the province where the property is located. He or she should set forth the basis of his or her claim as well as other data pertinent thereto. It is the ministerial duty of the ROD to register the affidavit without delay provided that the adverse claim is sufficient in law and requirements.
The adverse claim shall be effective for 30 days from the date of registration. After the period lapsed, the annotation of adverse claim may be cancelled upon the filing of a verified petition therefor by the party in interest. However, if cancelation is granted, no second adverse claim on the same ground shall be entertained and registered by the same claimant. Before the lapse of 30 days, the claimant may withdraw his adverse claim by filing with the Register of Deeds a sworn petition to that effect.
If you need to protect your rights over a property, it is high time to consult a lawyer because you might need to file an affidavit of adverse claim. You should do it now. Do not sleep on your rights.
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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
Atty, can i file an affidavit of adverse claim for a piece of land with a tax declaration only (not yet titled), with land administrator who had the SPA for the land with tax dec number only? The land is yet to proces for title with the other heir