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Showing 1–11 of 11 articles for “encumbrances”

Property Due Diligence in the Philippines: Checking a Land Title Before You Buy

Property due diligence in the Philippines means verifying the land title, checking for encumbrances, and confirming tax clearances before you buy real estate.

Attachment Liens Priority Rights AND Protection IN Property Disputes

Learn how prior attachment liens survive property transfers and title cancellations, and why courts must preserve these encumbrances.

Dacion en Pago Perfecting Ownership Despite Prior Encumbrances

Philippine Supreme Court ruling on dacion en pago, mortgage liens, and the right to compel surrender of a certificate of title.

When Property Titles Arent Always What They Seem Understanding Encumbrances AND Conditional Sales

A Supreme Court ruling clarifies when a reconveyance claim prescribes, distinguishing fraud from intimidation, and the importance of due process in property disputes.

Sellers Obligation Delivering Titles Despite Encumbrances IN Philippine Property LAW

Philippine Supreme Court ruling on subdivision sellers' duty to deliver clean titles despite encumbrances, and buyer remedies.

Homestead Patents and Mortgage Restrictions: Protecting Family Lands From Encumbrances

The Supreme Court voids mortgages on homestead lands made within five years of patent issuance, protecting family properties from premature encumbrances.

Marital Consent Is Key: Encumbering Conjugal Property Without Spouse's Agreement Is Void

A spouse cannot mortgage conjugal property without the other spouse's written consent. The Supreme Court explains why such encumbrances are void.

Mortgage Validity and Protecting Property Rights Against Unauthorized Encumbrances

When a lease expires and a new agreement supersedes it, the original terms—including a right of first refusal—may no longer bind the parties or the buyer.

Protecting Condominium Buyers: Annulling Mortgage Foreclosure for Undeclared Encumbrances

Learn how the Supreme Court protected a condominium buyer from foreclosure due to undeclared mortgages, and what this means for property buyers.

Obligations Under Contracts Defining Liens and Encumbrances in Land Agreements

Philippine Supreme Court ruling on when "free from liens and encumbrances" in land contracts includes clearing squatters and what obligations bind successors.

Co-Ownership Rights: Protecting Inherited Property From Unauthorized Mortgages

A co-owner cannot mortgage inherited property beyond his own share. Learn the rules protecting co-heirs from unauthorized encumbrances.