Torrens System

TORRENS SYSTEM

ORIGIN, NATURE & GENERAL CHARACTERISTICS

Advantages:

1.    Abolishes endless fees

2.    Eliminates repeated examination of titles

3.    Reduces records enormously

4.    Instantly reveals ownership

5.    Protects against encumbrances not noted on the Torrens certificate

6.    Makes fraud almost impossible

7.    It assures

8.    Keeps up the system without adding to burden of taxation; beneficiaries of the system pay the fees

9.    Eliminates tax titles

10.   Gives eternal title as state ensures perpetuity

11.    Furnishes state title insurance rather than private title insurance

12.  Makes possible the transfer of titles or of loans within the compass of hours instead of a matter of days

Purpose of Torrens Law: quiet title to land – once registered, owner might rest secure

Persons Bound When Title Not Registered

1.    Grantor

2.    Heirs & devisees

3.    Persons with actual notice

Procedure in Land Registration Case:

1.    Survey of land by Bureau of lands or duly licensed private surveyor

2.    Filing of application for registration by applicant

3.    Setting of date of initial hearing of application by the Regional Trial Court (RTC)

4.    Clerk of court to transmit to Land Registration Authority the application, date of initial hearing & other pertinent docs

5.    Publication of notice of filing of application, date & place of hearing – in the Official Gazette (OG) and in newspaper of general circulation

6.    Service of notice – contiguous owners, occupants & those who have interest in property

7.    Filing of answer or opposition to application

8.    Hearing of case by the Regional Trial Court (RTC)

9.    Promulgation of judgment by court

10.   Issuance of decree by the Regional Trial Court (RTC) – decision; Instruct land registration authority to issue decree of confirmation & registration

11.   Entry of decree of registration in Land Titles Administration

12.   Send copy of decree to Register of Deeds

13.   Transcription of decree of registration in registration book & issuance of the owner’s duplicate original certificate of title of the applicant by the Land registration Authority  - upon payment of prescribed fees