What to Do if the Land Title is Still in the Previous Owner’s Name
- DP Law
- 6 days ago
- 4 min read
Updated: 4 days ago
Buying a property is a major milestone—but what happens when you discover that the land title is still in the previous owner’s name? This is more common than you think in the Philippines, especially in older transactions or informal sales. It can lead to delays in ownership recognition, tax issues, and even legal disputes.
Here, we explain what to do if the land title was not transferred to your name, how to fix it, and how to avoid these problems in the future.
1. Understand Why the Title Was Not Transferred
Before taking action, it’s important to understand why the title transfer did not occur. Here are some common reasons:
Seller didn’t process the transfer after the sale
Buyer failed to complete requirements like taxes or clearances
Missing or invalid documents (e.g., unsigned deed, no BIR clearance)
Tax filing delays, such as unpaid capital gains or transfer taxes
Title issues like liens, annotations, or boundary disputes
These delays are not just administrative—they can result in legal complications or even breach of contract if left unresolved.
2. Know Your Legal and Contractual Rights
When a buyer pays in full and signs a Deed of Absolute Sale, ownership of the property is effectively transferred under the law. However, registration with the Register of Deeds is what legally puts your name on the title.
If the title still shows the previous owner’s name, and the seller refuses or fails to assist, this could be:
A breach of contract
Grounds for a specific performance case (to compel them to transfer)
An issue of bad faith, if the seller sold the property multiple times (double sale)
3. Gather and Review All Documents
Before you can begin the correction process, prepare the following:
Deed of Absolute Sale (notarized)
Acknowledgement receipts of payment
Tax Declaration (if updated)
Any annotations of sale filed at the time of transaction
Proof of seller’s identity and past correspondence
This documentation helps establish that a valid sale occurred, even if the title is still under the old owner’s name.
4. Check for Annotations on the Title
Visit the Registry of Deeds and request a Certified True Copy of the title.
Look for:
Annotations of Sale – This indicates the sale was at least partially documented
Liens or encumbrances – Unpaid mortgage, estate tax, or claims
Discrepancies in name, lot description, or ownership chain
If there’s no annotation, it means the sale has not been registered. You’ll need to go through the full transfer process.
5. Settle Taxes and Government Requirements
Title transfer won’t proceed without settling taxes with the Bureau of Internal Revenue (BIR) and the LGU:
Required Payments:
Capital Gains Tax (CGT) – 6% of selling price or zonal value
Documentary Stamp Tax (DST) – 1.5% of selling price or zonal value
Transfer Tax – Paid at the local Treasurer’s Office
Prepare and submit:
Notarized Deed of Sale
BIR Form 1706 and 2000-OT
Tax clearance, valid IDs, and payment receipts
Once approved, you’ll receive the Certificate Authorizing Registration (CAR)—a key requirement for title registration.
6. Register the Title at the Registry of Deeds
With the CAR and tax documents complete, proceed to the Register of Deeds:
Submit:
Original Deed of Sale
CAR from BIR
Transfer Tax Receipt
Valid IDs
The RD will update the records and issue a new Transfer Certificate of Title (TCT) in your name, resolving the delayed title transfer.
7. What if the Seller is Uncooperative or Unavailable?
If the seller refuses to sign documents or has become unreachable, legal action may be needed:
Demand Letter – A formal written demand to complete the transfer
Court Action – File a petition for specific performance
Reconstitution of Records – If the title is old or incomplete
Consult a lawyer for document tracing and ownership validation
In some cases, the buyer may seek a court order to transfer title without the seller’s cooperation if evidence of ownership and payment is clear.
8. Tips to Avoid Delayed Title Transfers
Always ensure the title is transferred immediately after sale
Don’t rely solely on the seller—follow up directly with the BIR and RD
Use a licensed real estate lawyer to handle transactions
Keep photocopies and digital scans of all documents
Remember: possession of a property is not proof of ownership unless your name is on the Transfer Certificate of Title.
Final Thoughts
A land title still in the previous owner’s name can be resolved, but it takes legal knowledge, proper documentation, and follow-through. Whether the issue is due to the seller’s neglect or missing paperwork, you have the right to claim your title and secure your ownership.
Consult DP Law to Resolve Title Transfer Issues
At DP Law, we help clients resolve delayed title transfers, recover missing documents, and file the necessary legal actions. Don’t let your investment remain in limbo—let us help you complete the title transfer and protect your rights.
Comments