TORRENS SYSTEM

TORRENS SYSTEM – ORIGIN, NATURE & GENERAL CHARACTERISTICS

ADVANTAGES:
1. Abolishes endless fees

2. Eliminates repeated examination of titles

3. Reduces records enormously

4. Instantly reveals ownership

5. Protects against encumbrances not noted on the Torrens certificate

6. Makes fraud almost impossible

7. It assures.

8. Keeps up the system without adding to burden of taxation; system’s beneficiaries pay the fees

9. Eliminates tax titles

10. Gives eternal title as state ensures perpetuity

11. Furnishes state title insurance rather than private title insurance

12. Makes possible the transfer of titles or loans within hours instead days

PURPOSE OF TORRENS LAW: quiet title to land – once registered, owner might rest secure

PERSONS BOUND WHEN TITLE NOT REGISTERED:
1. Grantor

2. Heirs & devisees

3. Persons with actual notice

PROCEDURE IN LAND REGISTRATION CASE:
1. Survey of land by Bureau of Lands or duly licensed private surveyor

2. Filing of application for registration by applicant

3. Setting of date of initial hearing of application by RTC

4. Clerk of court to transmit to Land Registration Authority (LRA) the application, date of initial hearing & other pertinent docs
5. Publication of notice of filing of application, date & place of hearing – in OG and in newspaper of general circulation

6. Service of notice – contiguous owners, occupants & those who have interest in property

7. Filing of answer or opposition to application

8. Hearing of case by RTC

9. Promulgation of judgment by court

10. Issuance of decree by RTC – decision; Instruct LRA to issue decree of confirmation & registration

11. Entry of decree of registration in Land Titles Administration

12. Sending of copy of decree to Register of Deeds (ROD)

13. Transcription of decree of registration in registration book & issuance of the owner’s duplicate original certificate of title of the applicant by the LRA - upon payment of prescribed fees