TAX DECLARATION OF REAL PROPERTY: PROOF OF LAND OWNERSHIP?
15.1 هزار بار بازدید -
3 سال پیش
-
What is a TAX DECLARATION?
What is a TAX DECLARATION? Ano ang Tax Declaration?
IS IT SAFE TO BUY A LAND WITHOUT A TITLE BUT WITH A TAX DECLARATION?
SAFE BA BILHIN ANG LUPANG WALANG TITULO NGUNIT MAY TAX DECLARATION?
SAFE BA BUMILI NG LUPANG WALANG TITULO, TAX DECLARATION LANG?
IN THIS VIDEO: TAX DECLARATION; DECLARATION OF REAL PROPERTY; PROVINCIAL ASSESSOR’S OFFICE; CITY ASSESSOR’S OFFICE; MUNICIPAL ASSESSOR’S OFFICE; MARKET VALUE; ASSESSED VALUE; DEED OF SALE; AGRICULTURAL SALES PATENT; RESIDENTIAL SALES PATENT; ACQUISITIVE PRESCRIPTION; POSSESSION IN CONCEPT OF OWNER; LAND REGISTRATION; ORIGINAL CERTIFICATE OF TITLE; TRANSFER CERTIFICATE OF TITLE; TORRENS TITLE; TORRENS SYSTEM OF REGISTRATION; LAND SURVEY; LOT SURVEY; TECHNICAL DESCRIPTION; DUE DILIGENCE; PUBLIC AUCTION; TAX DELINQUENCY; COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICE (CENRO); DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR); BUYING AN UNTITLED LAND/LOT; SALE OF UNREGISTERED LAND.
You come across with a real property — a piece of land - which is untitled or unregistered but the owner holds only a tax declaration. You like the property but you wonder if it can be a subject of a sale. If it is, how safe is it to buy an unregistered or untitled land with a tax declaration?
In this video, Your_Lawyer endeavors to explain what a tax declaration is and its use.
A Tax Declaration, or more properly known as a Declaration of Real Property, is a document issued by the Provincial, City or Municipal Assessor’s Office, containing relevant information about a particular land or piece of land or the improvement/s found therein. One very important information found in a Tax Declaration is the Assessed Value of the property. The Assessed Value is the basis of the computation of the Real Property Tax (RPT), or known to many as the “Amilyar”. The Real Property Tax is a locally imposed and collected tax; meaning, it is being enforced by the Local Government Units through their Local Treasurer’s Office. The Real Property Tax must be paid annually. Included in the assessment of the Real Property Tax is the Special Education Fund.
According to the Supreme Court, tax declaration and tax receipts are not conclusive evidence of ownership when not supported by other evidence. They are merely indicia of claim of ownership. They are considered as prima facie evidence of ownership. When coupled with actual possession, tax receipts and tax declaration may be the bases of claim of ownership.
That being said, it is considered to be riskier to buy an untitled land with tax declaration only than to buy a titled or registered land (meaning, with Original Certificate of Title or Transfer Certificate of Title). Because unlike the tax declaration, the certificate of title (under the Torrens System) are absolute, incontrovertible and indefeasible evidence of ownership.
How do you protect your interests when you buy a land with no title but with a tax declaration only?
First, make sure that the land is an alienable and disposable land. Under the Regalian Doctrine, all lands of the public domain belong to the State. Only those lands classified as alienable and disposable can be acquired and titled. These lands are the agricultural lands, which are classified as residential, agricultural, commercial and industrial.
Second, consistent with the declaration of the Supreme Court, make sure that the person selling the land is in the actual possession of the property and has been consistently paying the real property tax thereon. Failure to pay the real property tax (tax delinquency) may result to the public auction thereof and the cancellation of the tax declaration.
Third, find out how the seller acquired the land (by sale, donation, succession/inheritance, etc.) and how long has he/she has been in possession of the property. The longer the possession, the better. Such possession must be open, continuous, public, adverse and notorious — in the concept of an owner. If you buy the property, you can benefit from the length of the possession of your predecessors-in-interest — that means, the seller and all the previous owners. For Residential Free Patent, the required period of possession is ten (10) years, while for Agricultural Free Patent, twenty (20) years.
Fourth, make sure to know also if there is a pending application for free patent or titling involving the land. You can inquire with the Community Environment and Natural Resources Office (CENRO) of the Department of Environment and Natural Resources (DENR). In doing so, you would know of there are other claimants of the land opposing the application or with pending application also.
Finally, it is strongly suggested that you hire a licensed geodetic engineer or licensed land surveyor to conduct a lot survey. Tax Declarations usually do not contain accurate location and measurements of the land. Generally, they are based on estimates. With a lot survey, you will know the exact location, lot area and boundaries of the land.
IS IT SAFE TO BUY A LAND WITHOUT A TITLE BUT WITH A TAX DECLARATION?
SAFE BA BILHIN ANG LUPANG WALANG TITULO NGUNIT MAY TAX DECLARATION?
SAFE BA BUMILI NG LUPANG WALANG TITULO, TAX DECLARATION LANG?
IN THIS VIDEO: TAX DECLARATION; DECLARATION OF REAL PROPERTY; PROVINCIAL ASSESSOR’S OFFICE; CITY ASSESSOR’S OFFICE; MUNICIPAL ASSESSOR’S OFFICE; MARKET VALUE; ASSESSED VALUE; DEED OF SALE; AGRICULTURAL SALES PATENT; RESIDENTIAL SALES PATENT; ACQUISITIVE PRESCRIPTION; POSSESSION IN CONCEPT OF OWNER; LAND REGISTRATION; ORIGINAL CERTIFICATE OF TITLE; TRANSFER CERTIFICATE OF TITLE; TORRENS TITLE; TORRENS SYSTEM OF REGISTRATION; LAND SURVEY; LOT SURVEY; TECHNICAL DESCRIPTION; DUE DILIGENCE; PUBLIC AUCTION; TAX DELINQUENCY; COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICE (CENRO); DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR); BUYING AN UNTITLED LAND/LOT; SALE OF UNREGISTERED LAND.
You come across with a real property — a piece of land - which is untitled or unregistered but the owner holds only a tax declaration. You like the property but you wonder if it can be a subject of a sale. If it is, how safe is it to buy an unregistered or untitled land with a tax declaration?
In this video, Your_Lawyer endeavors to explain what a tax declaration is and its use.
A Tax Declaration, or more properly known as a Declaration of Real Property, is a document issued by the Provincial, City or Municipal Assessor’s Office, containing relevant information about a particular land or piece of land or the improvement/s found therein. One very important information found in a Tax Declaration is the Assessed Value of the property. The Assessed Value is the basis of the computation of the Real Property Tax (RPT), or known to many as the “Amilyar”. The Real Property Tax is a locally imposed and collected tax; meaning, it is being enforced by the Local Government Units through their Local Treasurer’s Office. The Real Property Tax must be paid annually. Included in the assessment of the Real Property Tax is the Special Education Fund.
According to the Supreme Court, tax declaration and tax receipts are not conclusive evidence of ownership when not supported by other evidence. They are merely indicia of claim of ownership. They are considered as prima facie evidence of ownership. When coupled with actual possession, tax receipts and tax declaration may be the bases of claim of ownership.
That being said, it is considered to be riskier to buy an untitled land with tax declaration only than to buy a titled or registered land (meaning, with Original Certificate of Title or Transfer Certificate of Title). Because unlike the tax declaration, the certificate of title (under the Torrens System) are absolute, incontrovertible and indefeasible evidence of ownership.
How do you protect your interests when you buy a land with no title but with a tax declaration only?
First, make sure that the land is an alienable and disposable land. Under the Regalian Doctrine, all lands of the public domain belong to the State. Only those lands classified as alienable and disposable can be acquired and titled. These lands are the agricultural lands, which are classified as residential, agricultural, commercial and industrial.
Second, consistent with the declaration of the Supreme Court, make sure that the person selling the land is in the actual possession of the property and has been consistently paying the real property tax thereon. Failure to pay the real property tax (tax delinquency) may result to the public auction thereof and the cancellation of the tax declaration.
Third, find out how the seller acquired the land (by sale, donation, succession/inheritance, etc.) and how long has he/she has been in possession of the property. The longer the possession, the better. Such possession must be open, continuous, public, adverse and notorious — in the concept of an owner. If you buy the property, you can benefit from the length of the possession of your predecessors-in-interest — that means, the seller and all the previous owners. For Residential Free Patent, the required period of possession is ten (10) years, while for Agricultural Free Patent, twenty (20) years.
Fourth, make sure to know also if there is a pending application for free patent or titling involving the land. You can inquire with the Community Environment and Natural Resources Office (CENRO) of the Department of Environment and Natural Resources (DENR). In doing so, you would know of there are other claimants of the land opposing the application or with pending application also.
Finally, it is strongly suggested that you hire a licensed geodetic engineer or licensed land surveyor to conduct a lot survey. Tax Declarations usually do not contain accurate location and measurements of the land. Generally, they are based on estimates. With a lot survey, you will know the exact location, lot area and boundaries of the land.
3 سال پیش
در تاریخ 1400/10/30 منتشر شده
است.
15,135
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