Is It Legal for Squatters to Claim the Property Where They Lived for a DecadeSquatting in Manila and other urban areas is fairly common and is a major economic and social issue in the Philippines. But when can a squatter say that they have the right to occupy the land and should be given the ownership? If you live in a house or use a land without a title or owner’s consent, does it become rightfully yours after staying for more than 10 years? This is a crucial topic that must be taken with a grain of salt, so let’s discuss it for the benefit of everyone in the same situation.
Is It True That After 10yrs, A Squatter Can Claim the Land? If the property has a title and is owned by a private individual, no one can claim it. Even if the squatter has been residing in that property for 10 years or 100 years, he can’t demand to transfer the title under his name. According to Torrens System of Land Registration, the Certificate of Title is the best shield from any third party trying to claim the property. Even the government cannot claim the land if you are the registered owner of the said property. In the Torrens System, the property title that you’re holding is indefeasible or cannot be taken away from you. It is also unassailable which means no one can question it, especially in this case. On the other hand, it’s a huge problem if the property doesn’t have a title or any document to prove that you are the owner. But don’t worry because there are several ways to assert your right to the property if indeed you are the rightful owner. Unregistered Property vs Squatter with 10 Years of Residence So, what if the property doesn’t have a title and an informal settler has been living there for at least 10 years now? It’s possible to get a title for the land or house and lot where you’ve been residing for many years already. According to Republic Act 10023, there are a few conditions for a Filipino to have the right to get a title for the property where he’s been residing for a long time. One condition is that the years of residence are at least 10 and the property is classified as alienable and disposable. This means that the property is not a protected land and has no title or is not owned by any individual. The objective of RA 10023 is to help Filipinos have a legal and registered house with a Certificate of Title. However, this should only be done once in the place where you’ve been residing for more than 10 years. Final Thoughts Having your own home is truly every Filipino’s dream. So if you’re currently living in a property you do not own and think you have legal rights to claim it, it’s about time you process the title for that land. If you want to sell or buy a condo, house, lot, or real property, REALS Corporation covers you. Check out our website to get more details. looking for a house and lot for sale in the Philippines? click the button below:
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