Can A Torrens Title Be Challenged in Court: Guide for Filipinos

Common Grounds That Torrens Titles Can Be Questioned in the Philippine Court

In the Philippines, Torrens titles are considered the most reliable proof of land ownership. The Land Registration Authority issues this document and guarantees that the person named in the title is the rightful owner of the property. However, a Torrens title can still be challenged in court under limited and specific conditions. Read until the end to understand the common grounds that make your title still questionable in legal procedures.

When Can a Torrens Title Be Challenged?

While Torrens titles are strong evidence of ownership, they are not 100% immune. The law acknowledges that fraud, errors, and other unlawful acts may occur during the registration process. That’s why there are circumstances where it can still be questioned. The following are common grounds for challenging a Torrens title in court:
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• Fraudulent – If the title was obtained through fraud, falsified documents, or misrepresentation, the aggrieved party may file an action for reconveyance or annulment of the title.
  
  
• The one-year rule under PD 1529 – Under the Property Registration Decree, petitions for review due to fraud must generally be filed within one year from the issuance of the decree of registration. After this period, the title becomes incontrovertible.
  
  
• Reversion to the State – If public land was improperly awarded through sales patents or homestead patents, the government may file for reversion, returning the property to the State.
  
  
• Void titles – Titles covering non-registrable lands, such as forest reserves, foreshore areas, or properties beyond commerce, are void and may be canceled even if already registered.

Limitations of Challenging Torrens Titles

Generally, the law prohibits collateral attacks on Torrens titles. According to Section 48 of PD 1529, a title cannot be altered, modified,or canceled in cases where the main issue is not directly about ownership. For example, you cannot attack a Torrens title in a case that only involves possession or lease. Likewise, adverse possession and mere payment of property taxes cannot defeat a Torrens title. Remember that registration under the Torrens system prevails over possession.
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For landowners, a Torrens title protects their ownership and provides peace of mind. For buyers, on the other hand, verifying the authenticity of a title before purchasing is crucial to avoid disputes. It’s highly recommended to always request a Certified True Copy from the Registry of Deeds, check encumbrances, and seek legal advice when necessary.

Final Thoughts

Now you know how Torrens titles can be questioned in court under specific conditions, including fraud and illegal issuance. Protect your rights by practicing due diligence and consulting a real estate lawyer in case of disputes. If you’re looking for some exclusive house and lot in Baguio City or prime properties here in the Philippines, check out REALS.PH website. You can also list a property for sale on our site and let our licensed real estate agents help you sell it. Our REALS.PH Facebook page is also open for questions and other concerns regarding real estate investments.