In the Philippines, the land title serves as the ultimate proof of property ownership. The country uses the Torrens Title System, which documents the transfer of ownership from the original registered owner to succeeding owners. Whether you are a buyer, seller, real estate professional, or someone new to the property market, understanding the land title transfer process becomes essential once a property changes hands.
Overview: Who Handles the Title Transfer?
Before the transaction begins, it’s important for all parties involved—seller, listing broker, buyer, and buyer’s broker—to agree on who will handle the title transfer. This should be made clear from the outset to avoid any confusion later on.
As the buyer, it is in your best interest to familiarize yourself with the steps required to transfer the title into your name. You can either:
- Handle the transfer yourself—if you have the time and patience.
- Hire a professional—such as a lawyer, licensed real estate broker, or a title transfer service for a fee. Fees vary depending on the location of the property.
Steps to Transfer a Land Title in the Philippines
Though we commonly refer to this as the land title transfer procedure, the same steps apply when transferring a condominium title or other property types.
Before we dive into the step-by-step process, we assume that both the seller and the buyer have already agreed on the terms of the sale and have executed a legal document to convey ownership, such as a Deed of Absolute Sale.
Transfer of Title Requirements in the Philippines
1. Deed of Conveyance (Prepare 8 copies)
The Deed of Conveyance is the legal document that transfers ownership of the property. Depending on the transaction, this could be:
- Deed of Absolute Sale (DOAS)
- Extrajudicial Settlement of Estate with Sale (EJS with Sale)
- Deed of Donation
Make sure the deed includes the Tax Identification Numbers (TIN) of all parties involved. The names on the deed, the BIR TIN, and identification documents must match, including signatures. Both the Deed of Conveyance and the Acknowledgement Receipt must be notarized.
Why 8 copies?
- Notary Public
- Seller
- Seller’s Licensed Real Estate Broker
- Buyer
- Buyer’s Licensed Real Estate Broker
- For submission to government agencies (BIR, LGU Treasurer’s Office, Registry of Deeds, LGU Assessor’s Office)
- Condominium Corporation or Homeowner’s Association
- Reserve copy
2. Acknowledgement Receipt (For Sales Transactions)
This document serves as proof that the seller received payment from the buyer. If the seller is a real estate developer or real estate dealer, they can issue an Official Receipt. Notarization is required.
3. Photocopies of Valid IDs
All signatories must provide photocopies of their valid government-issued IDs, with each photocopy bearing three signatures of the owner. Valid IDs include:
- Passport
- Driver’s License
- Professional Regulation Commission (PRC) License
Note: Expired IDs are not accepted.
4. Certified True Copy of the Title (Get 3 copies)
Obtain 3 Certified True Copies of the title from the Registry of Deeds that has jurisdiction over the property.
5. Certified True Copy of the Latest Tax Declaration
Request certified true copies of the latest Tax Declaration for both the land and the improvements (e.g., house, building) from the Assessor’s Office of the city or municipality. Indicate that the request is for BIR purposes.
6. Tax Clearance
Secure a Tax Clearance from the Treasurer’s Office of the city or municipality. This certifies that Real Property Taxes for both the land and improvements have been paid.
Requirements:
- Latest Tax Declaration
- Official Receipts of Real Property Tax payments
- Previous Tax Clearance (if any)
- Notarized Special Power of Attorney (SPA) and valid ID if a representative is processing the clearance.
7. Clearance from Homeowners Association (HOA) or Management Certificate
If the property is in a subdivision or condominium, secure a clearance from the Homeowners Association (HOA) or Management Certificate. This confirms that the seller has paid all dues and whether the property is leased. Notarize this document.
8. Marriage Certificate
For married sellers and buyers, a Marriage Certificate is required.
9. Birth Certificate (When Applicable)
If the transaction involves a Deed of Donation or Extrajudicial Settlement, a Birth Certificate may be needed to establish relationships.
10. Certificate of No Marriage (CENOMAR) (When Applicable)
If the seller or buyer is single, provide a Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority (PSA). The CENOMAR is valid for 6 months from issuance.
11. Certificate of No Improvement (For Lot-Only Sales)
Secure this document from the Assessor’s Office if the property being transferred is a vacant lot.
12. Photos of the Property and Location Map
Provide 3” x 5” color photos of the property:
- For land and house: Show the frontage with the house number.
- For condominiums: Show the building and unit door with the door number visible.
- Attach a Google Map showing the property’s location.
13. Owner’s Duplicate Copy of the Title
For land or house and lot transactions, provide the Transfer Certificate of Title (TCT).
For condominiums, provide the Condominium Certificate of Title (CCT).
14. Special Power of Attorney (SPA) to Process the Title Transfer
If a representative will handle the transfer, a Notarized SPA signed by the seller is required by the BIR, LGU Treasurer’s Office, Registry of Deeds, and LGU Assessor’s Office.
Ready to Transfer!
Once you have all the necessary documents in hand, you can proceed to submit them to the relevant government agencies, such as the BIR, Registry of Deeds, and LGU offices, to complete the title transfer process.
By following this guide, you’ll be well-prepared for a smooth title transfer.
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