Property and land law in the Philippines covers the acquisition, ownership, transfer, and dispute resolution related to real estate and personal property. Common concerns include title transfer after a deed of sale, lease contracts, ejectment cases, extrajudicial settlement of estate, and property donation.
This hub gathers practical guides on the most common property transactions and disputes. Each article includes sample forms, step-by-step instructions, and links to related legal resources and consultation options.
Browse by Topic
- Land Title Transfer After a Deed of Sale
- Deed of Absolute Sale Sample Format
- Rent-to-Own Contract Sample Format
- Contract of Lease Sample Format
- Extrajudicial Settlement with Waiver of Rights
- Ejectment in the Philippines
Related Legal Forms and Documents
These sample forms and document guides are commonly used in this practice area. Each form includes a sample format and key clause explanations.
Frequently asked questions about property and land law
How long does title transfer take in the Philippines?
Title transfer typically takes two to four months after the deed of sale is signed, depending on BIR processing, transfer tax payment, and LRA registration.
What taxes are due when transferring property?
Buyers usually pay the documentary stamp tax and transfer tax. Sellers typically pay the capital gains tax (or creditable withholding tax). Both should check current BIR rates.
Can a tenant be evicted without a court order?
No. Ejectment requires a court order. Self-help eviction is illegal. Lessors must file an unlawful detainer or forcible entry case in the proper court.
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Common Property & Land Questions From Our Readers
Can I evict a tenant without a court order?
No. Self-help eviction is illegal in the Philippines. You must file an ejectment case (forcible entry or unlawful detainer) in the proper court. The court will issue a notice and order before any eviction can take place.
How do I transfer a land title after buying a property?
Title transfer involves several steps: execute a notarized Deed of Sale, pay the Capital Gains Tax (6%) and Documentary Stamp Tax (1.5%) at the BIR, pay the Transfer Tax at the local treasurer’s office, then register with the Registry of Deeds. The process typically takes 2 to 4 months.
What happens if a property has no title?
Properties without a title may still be claimed through tax declarations or other proofs of ownership. However, you should verify whether the property is covered by the Torrens system and whether an original certificate of title was ever issued. Consult a lawyer before purchasing untitled property.
How is property divided after separation or annulment?
Property division depends on the property regime of the marriage (absolute community, conjugal partnership, or separation of property). Generally, properties acquired during the marriage are divided equally, while exclusive properties remain with the original owner. The specific terms depend on the marriage settlement and court decision.
Legal Disclaimer
The information on this page is for general legal information only and does not create an attorney-client relationship. Laws, rules, fees, procedures, and office requirements may change. For advice specific to your situation, consult a qualified Philippine lawyer.