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ARTICLE
Boracay is 98% Untitled
Titling
application has been a big issue on Boracay Island since
Presidential Proclamation 1801 was issued in 1978 and
Philippine Tourism Authority Circular No. 3-82 implementing
Proclamation 1801 in opposition to applications for
confirmation of imperfect title or free patent on the
Island. This Proclamation 1801 declares certain Islands,
coves and peninsulas in the Philippines as tourist zones
and marine reserves under the administration and control
of the Philippine Tourism Authority.
Except
for those persons who have acquired their land from
owners holding regular titles, property holdings in
Boracay Island are evidenced through another form of
government recognized evidence of ownership, which is
the "tax declaration". While tax declarations
do not provide the declared owner or possessor of land
with the security of indefeasible title provided by
the Torrens system of land registration, it is however,
the next best thing to a torrens title. It is widely
recognized in Philippine jurisdiction as evidence of
ownership and possession. This being so, it is an inherent
consequence that a person"s "title" over
the land by "tax declaration" may be subject
to direct and collateral attack by adverse claimants.
Tax declarations are not generally acceptable to Banks
for applying mortgage. The property surveys privately
commissioned by holders of tax declarations while never
conclusive as to actual boundaries of properties or
their declared areas are nevertheless best proof of
the metes and bounds of the property covered by the
"tax declaration". One common problem with
regard to this is boundary disputes with adjoining property
owners. In this case, it is imperative for land buyers
to investigate if the land area that they are buying
is exact as reflected on its tax declaration. To ensure
this, buyers need to gather the signatures of the adjoining
neighbors to sign on the latest land survey map and
to an Affidavit of Adjoining owner as evidence that
they have no boundary dispute with them (neighbors).
SPR
real estate, being an experienced agent with these problems
has a careful and a more professional approach in securing
these requirements, which will protect your property
in any anticipated land problems in the future.
Interested?
Send us an inquiry here!
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