How to Check if a Property Is Clean and Legal in the Philippines 🇵🇭
Buying a property is one of the biggest investments you can make. Whether it’s for your dream home, a farm lot, or a rental unit, it’s important to ensure that the property is clean (free from legal issues) and legal (with complete, authentic documents). Here’s a step-by-step guide to help you verify a property in the Philippines:
✅ 1. Check the Title at the Registry of Deeds
See the property’s location in the Registry of Deeds (RD).
Request a copy of the land title that is Certified True.
Make sure the title is:
- Original (OCT) for untitled public land or
- Transfer Certificate of Title (TCT) for titled private land.
- Confirm that the owner on the title is the same person selling the property.
📌 Red flag: Watch out for fake or tampered titles. Look for security marks like watermarks and serial numbers.
🧾 2. Verify the Property Tax Declaration
Visit the Municipal or City Assessor’s Office.
Request a Tax Declaration under the seller’s name.
Check if Real Property Taxes (RPT) are paid and updated.
Ask for the Tax Clearance Certificate to prove there are no unpaid taxes.
📌 Tip: Unpaid taxes can become the buyer’s responsibility after purchase.
📍 3. Confirm the Location and Lot Boundaries
Conduct an actual site inspection with a licensed geodetic engineer.
Compare the physical property with the technical description on the title.
Check if there are any informal settlers, right-of-way issues, or encroachments.
📌 Optional: Request a Relocation Survey to confirm boundaries.
🧑⚖️ 4. Investigate for Legal Encumbrances
Look at the back of the land title for any annotations (e.g., mortgage, court cases, liens).
You may also request a title verification from the Registry of Deeds.
Ask the seller if the property is involved in litigation or inheritance claims.
📌 Warning: If there are annotations or claims, consult a real estate lawyer.
📝 5. Validate the Seller’s Identity and Authority
Ask for valid government-issued IDs of the seller.
If the seller is not the original owner (e.g., acting on behalf), request:
SPA also needed.
Board Resolution (if corporation-owned)
Extrajudicial Settlement with Court Approval (for inherited properties)
📌 Pro tip: Always ask for Notarized documents and consult a lawyer before signing anything.
🛡️ 6. Check with HLURB or DHSUD (for Subdivisions and Condos)
If buying from a developer, check with:
HLURB (now DHSUD – Department of Human Settlements and Urban Development)
Confirm the developer has a License to Sell and Project Registration.
📌 Why it matters: Prevent scams from unregistered or unapproved developers.
💬 Final Reminders
Never skip due diligence—even if the price is low or you personally know the seller.
Hire professionals like licensed real estate brokers, lawyers, and surveyors.
Don’t pay in full until all legal documents are verified and authenticated.
📌 Sample Checklist Before Buying:
✅ Original Title (TCT/OCT)
✅ Tax Declaration and Tax Clearance
✅ Lot Plan and Technical Description
✅ No Annotations or Legal Issues
✅ Valid ID of Seller / SPA if needed
✅ Clearance from HLURB/DHSUD (if developer project)
✅ Actual Site Inspection
✨ Peace of mind starts with proper research. Make sure the property you’re investing in is 100% clean and legal. You can avoid major issues later by putting in a little work today.
