Wednesday, April 26, 2017

CONDO DEVELOPMENT OWNERSHIP LAW

May 22, 2010 by  
Filed under Condo Rental Makati

Before purchasing your dream condo it is important that you know the law in buying a condominium so that you can be properly informed. Below are the details of the the condo development ownership law:

CONDOMINIUM DEVELOPMENT OWNERSHIP LAW

Presidential Decree No. 957 , which regulates the sale of subdivision and condominium developments, and providing penalties for violations thereof. The National Housing Authority has exclusive jurisdiction to regulate real estate trade and business, a function, which is presently exercised by the Housing and Land Use Regulatory Board (HLURB). Certain conditions are required before a license to sell condominium development units and or subdivision development lots and homes is issued to a Filipino or Foreign owned individual or corporation. The requirements include a certificate of registration, a performance bond, and an approval of the building plans and specifications. Violation of these rules could mean fines, cancellation of license and or imprisonment.

TAKING TITLE TO THE PHILIPPINE REAL ESTATE

The “Deed of Sale” is the document showing legal transfer of real estate property ownership. The deed of sale is then taken to the Registry of Deeds to be officially recorded. “Tax Declarations” are sometimes used but are not very enforceable in court because there may be many others with a tax declaration claiming ownership of the same property. A property may be Titled by taking the Tax Declaration to the Registry of Deeds to process to be officially titled. Always purchase property with a proper deed of sale if possible, and if there is not one, a tax declaration is your last choice.

Owners must be active in enforcing their property rights. Possession is 90 percent ownership. If the property owner can only show a tax declaration as an evidence of ownership, that means the land is untitled and not registered under the Torrens system, the buyer will not get as much protection, as his title will not be absolute and can yield to one who has a better right, like the person actually possessing and occupying or tilling the land, and who subsequently applies for the titling of the land in his name. It is possible for two or more tax declarations issued to different persons with exactly the same technical description, or referring to the same property.

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