๐Ÿ  How to Check if a Property Is Clean and Legal in the Philippines ๐Ÿ‡ต๐Ÿ‡ญ

How to Check if a Property Is Clean and Legal in the Philippines ๐Ÿ‡ต๐Ÿ‡ญ

Buying a property is one of the biggest investments you can make. Whether itโ€™s for your dream home, a farm lot, or a rental unit, itโ€™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:

โœ… 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.

๐Ÿ“Œ Red flag: Watch out for fake or tampered titles. Look for security marks like watermarks and serial numbers.

๐Ÿงพ 2. Verify the Property Tax Declaration
Visit the Municipal or City Assessorโ€™s Office.

Request a Tax Declaration under the sellerโ€™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.

๐Ÿ“Œ Tip: Unpaid taxes can become the buyerโ€™s responsibility after purchase.

๐Ÿ“ 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.

๐Ÿ“Œ Optional: Request a Relocation Survey to confirm boundaries.

๐Ÿง‘โ€โš–๏ธ 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.

๐Ÿ“Œ Warning: If there are annotations or claims, consult a real estate lawyer.

๐Ÿ“ 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)

๐Ÿ“Œ Pro tip: Always ask for Notarized documents and consult a lawyer before signing anything.

๐Ÿ›ก๏ธ 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.

๐Ÿ“Œ Why it matters: Prevent scams from unregistered or unapproved developers.

๐Ÿ’ฌ Final Reminders
Never skip due diligenceโ€”even if the price is low or you personally know the seller.

Hire professionals like licensed real estate brokers, lawyers, and surveyors.

Donโ€™t pay in full until all legal documents are verified and authenticated.

๐Ÿ“Œ Sample Checklist Before Buying:
โœ… Original Title (TCT/OCT)
โœ… Tax Declaration and Tax Clearance
โœ… Lot Plan and Technical Description
โœ… No Annotations or Legal Issues
โœ… Valid ID of Seller / SPA if needed
โœ… Clearance from HLURB/DHSUD (if developer project)
โœ… Actual Site Inspection

โœจ Peace of mind starts with proper research. Make sure the property youโ€™re investing in is 100% clean and legal. You can avoid major issues later by putting in a little work today.