Common Annotations on the Certificate of Title

Posted in Guides on November 13th, 2009 by admin | No comments
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Notice of Lis Pendens – the property is subject to a pending court litigation involving ownership or possession.

Writ of Preliminary Attachment – the property is being held as a security for the satisfaction of a court decision which maybe rendered against the registered owner.

Section 4 Rule 74 of the rules of court – the title was obtained by virtue of an extrajudicial settlement by the heirs of the estate of the deceased registered owner and that any heir or credit or other person unlawfully excluded in the extrajudicial settlement can file a claim against the property within 2 years from date of the annotation. Some buyers require for heir’s bond as a security for any claim

Deed of restrictions – refers to the limitations on the use of the lot, such as allowable utilization, building-lot ratio, prohibition against further subdivision of the lot, kind of building and maximum height.

Easement or right of way – refers to the right granted to a property (dominant estate) to have access to a public road thru an adjoining land covered by the title (servient estate)

Mortgage -  the property is a security or collateral for the performance of an obligation. In case of a deed of sale with assumption of mortgage, the buyer should ask a certification a statement of account (loan balance including interest and penalty if there are any) at the time of sale. The formula for cash payment would be selling price minus outstanding balance at the time of sale;

Lease – normally annotated if it is more than one year

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