MASSO Liloan So. Leyte

24/03/2026

📌 LIS PENDENS vs. NOTICE OF ADVERSE CLAIM — UNSAY KALAHIAN?

Kung nagtan-aw ka ug titulo (TCT/CTC) unya naa kay makita nga annotation like:

👉 “Notice of Lis Pendens”
👉 “Notice of Adverse Claim”

🚨 Ayaw gyud ni i-ignore. These are RED FLAGS.

Let’s break it down:

⸻

🔴 1. NOTICE OF LIS PENDENS — “NAA NI SIYAY KASO”

Meaning:
👉 The property is subject of an ongoing court case

Usually filed when:
✔️ There is a case involving ownership
✔️ Recovery of possession
✔️ Partition or annulment of title

📍 Example:
Nag file si Juan ug kaso against Pedro claiming nga iyang yuta pero gi-title ni Pedro.
➡️ Magpa-annotate si Juan ug lis pendens sa titulo.

💡 Effect:
✔️ Anyone who buys the property is bound by the result of the case
✔️ Even if buyer ka in good faith, maapektuhan gihapon ka

⚠️ Bottomline:
👉 “Buy at your own risk”

⸻

🟡 2. NOTICE OF ADVERSE CLAIM — “NAA KOY GI-ANGKON ANI NGA YUTA”

Meaning:
👉 Someone is claiming a right or interest over the property

Usually filed when:
✔️ There is NO case yet
✔️ Claim is not reflected in the title

📍 Example:
Nagbayad ka ug downpayment sa yuta pero wala pa na-transfer ang title.
➡️ Pwede ka magpa-annotate ug adverse claim to protect your interest.

💡 Effect:
✔️ Warns the public that someone else has a claim
✔️ Prevents innocent buyers from claiming good faith

⚠️ But take note:
👉 This is temporary (30 days) unless reinforced or acted upon

⸻

⚖️ KEY DIFFERENCE

Lis Pendens
➡️ There is already a pending case

Adverse Claim
➡️ No case yet, but someone is asserting a right

⸻

🛠️ REMEDIES

If ikaw ang owner:

✔️ For Lis Pendens
➡️ File a motion to cancel if:
• Case is already terminated
• Annotation is improper

✔️ For Adverse Claim
➡️ Petition for cancellation after 30 days
➡️ Or prove the claim is invalid

⸻

⚠️ EFFECTS & CONSEQUENCES
1. 🔒 Property becomes “risky” to buyers
2. 💸 Difficult to sell or mortgage
3. 🏦 Banks may refuse financing
4. ⚖️ Possible involvement in litigation

⸻

💬 REAL TALK:

Before buying ANY property:
✔️ Always check the title
✔️ Look for annotations
✔️ Consult a lawyer

👉 Kay basin ang gi-palitan nimo… adunay sab lain nag-angkon 😅

⸻

📩 Need help checking a title or removing an annotation?
Message DAVAO LAWYER AND NOTARY PUBLIC

20/03/2026

“Your land title is lost… what now?! 😳”

Take a deep breath — it’s not the end of the world.

If your Owner’s Duplicate Certificate of Title is lost, you can file a Petition for Issuance of a New Owner’s Duplicate Title in court.

But here’s the catch: this is not a simple request. You must prove to the court that the title was truly lost — not just misplaced, and definitely not being withheld or used by someone else.

So what are the basic requirements?
1. Affidavit of Loss
A notarized affidavit explaining how the title was lost. The explanation must be clear, detailed, and credible.
2. Certified True Copy of the Title
To be obtained from the Registry of Deeds where the property is registered. This serves as the official reference of the title.
3. Latest Tax Declaration
Proof that you are still declaring the property in your name.
4. Real Property Tax Clearance
Shows that your real property taxes are updated — a strong indicator of ownership and possession.
5. Certification from the Registry of Deeds
That the original title is still on file and has not been cancelled.
6. Valid IDs
To establish your identity as the registered owner.
7. Other Supporting Documents
Depending on the situation — this may include a deed of sale, documents of inheritance, or a Special Power of Attorney if filed through a representative.

Important reminder:
The court will conduct a hearing. This is to ensure that no fraud is involved and that no other person is claiming the same property. Land titles are protected by law, so the process is strict for a reason.

Bottomline:
Losing your title is stressful — but fixable. Just make sure you follow the proper legal process.

When in doubt, consult a lawyer. It’s always better to do it right the first time than deal with bigger problems later.

12/03/2026

📜 WHAT ARE “ENCUMBRANCES” IN A LAND TITLE?
(A Simple Guide for Property Buyers)

If you are planning to buy land or a house in the Philippines, one of the most important things you should examine is the “Encumbrances” section of the title.

Many buyers focus only on who owns the property, but they forget to check the annotations at the back of the title. These annotations may contain legal claims, restrictions, or obligations attached to the property.

Let us break this down.

⸻

📌 What is an Encumbrance?

An encumbrance is any claim, lien, charge, restriction, or legal burden attached to a property that may affect the owner’s full rights over it.

In simple terms:

👉 Even if a person owns the property, the property may still be subject to certain obligations or limitations.

These encumbrances are usually annotated on the title at the Registry of Deeds.

⸻

📌 Why Are Encumbrances Important?

Encumbrances are important because they may:

• prevent the owner from selling the property freely
• give another person a legal right over the property
• create financial obligations attached to the land
• limit how the property can be used

If you buy a property without checking encumbrances, you might unknowingly inherit the legal problems attached to the land.

⸻

📌 Common Examples of Encumbrances in Land Titles

Here are the most common encumbrances you will see in Philippine titles:

⸻

1️⃣ Real Estate Mortgage

This is the most common encumbrance.

It means the property was used as collateral for a loan, usually with a bank.

Example:
A title may contain an annotation such as:

“Real Estate Mortgage in favor of BDO Unibank.”

Meaning:

✔ The owner borrowed money
✔ The property serves as security for the loan

⚠️ If the loan is not paid, the bank may foreclose the property.

⸻

2️⃣ Notice of Levy on Ex*****on

This appears when the property owner lost a case in court and the sheriff levied the property to satisfy a judgment.

Example:

A person loses a civil case and is ordered to pay PHP 2,000,000.
The sheriff places a levy annotation on the property.

Meaning:

⚠️ The property may later be sold at public auction.

⸻

3️⃣ Lis Pendens

“Lis Pendens” literally means a pending lawsuit involving the property.

Example:

Two siblings are fighting in court over ownership of the land.

The plaintiff registers a Notice of Lis Pendens on the title.

Meaning:

⚠️ Anyone who buys the property does so at their own risk, because the ownership is still being decided in court.

⸻

4️⃣ Easement or Right of Way

Sometimes a property is subject to a legal right of passage.

Example:

A neighboring lot has no access to the road, so the court grants a right of way through your property.

Meaning:

✔ Another person has the legal right to pass through your land.

⸻

5️⃣ Deed Restrictions or Subdivision Restrictions

Subdivision developers sometimes annotate restrictions on the title, such as:

• residential use only
• no commercial establishments
• building height limitations
• minimum setback requirements

Meaning:

⚠️ The owner cannot freely use the property for any purpose.

⸻

6️⃣ Adverse Claim

An adverse claim is filed when someone claims a legal interest in the property even if they are not the registered owner.

Example:

A buyer already paid for the land but the seller refuses to transfer the title.

The buyer may register an Adverse Claim.

Meaning:

⚠️ There is a dispute regarding ownership.

⸻

📌 Where Do You See Encumbrances?

Encumbrances appear in the ANNOTATIONS or ENCUMBRANCES section of the title, usually found at the back page of the Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT).

Never rely on the front page alone.

Always check:

✔ the last page of the title
✔ the certified true copy from the Registry of Deeds

⸻

📌 Practical Advice Before Buying Property

Before purchasing any land:

1️⃣ Get a Certified True Copy of the Title from the Registry of Deeds
2️⃣ Carefully examine the encumbrances/annotations
3️⃣ Verify if mortgages or liens are already cancelled
4️⃣ Check if there are pending cases (lis pendens)
5️⃣ Consult a lawyer before signing the Deed of Sale

Remember:

⚠️ A clean title is not enough.
You must make sure it is also FREE FROM ENCUMBRANCES.

⸻

📌 Real estate due diligence can save you from losing millions.

If you want more posts about property law, land titles, and real estate due diligence, follow this page.

DAVAO LAWYER AND NOTARY PUBLIC ⚖️

12/03/2026

09/03/2026

17/06/2025

14/06/2024

27/04/2023