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The Cadastral System of Land Registration

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by

Axel Aberin

on 9 February 2013

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Transcript of The Cadastral System of Land Registration

What is a cadastral registration? What is the purpose of cadstral registration? What are the procedures in cadastarl registration? Jurisdiction and Powers of the Cadastral Court in Cadastral Proceedings. It is a proceeding in rem, initiated by filing of a petition for registration by the government, not by the person claiming ownership of the land subject thereof, and the latter are, on the pain of losing their claim thereto, in effect compelled to go to court to make known their claim or interest therein, and to substantiate such claim or interest. The government does not seek the registration of the land in its name. the objective of the proceeding is the adjudication of title to the lands or lots involve in said proceeding. 1. Cadastral Survey (Survey of the Land)
2. Filing of Petition
3. Publication of Notice of Initial Hearing
4. Filing of Answer
5. Hearing of Case
6. Decision
7. Issuance of decree & certificate of title 1. Adjudicate title to any claimant entitled thereto;
2. Declare a land Public Land;
3. Order the correction of technical description;
4. Order the issuance of anew title in place of the title issued under voluntary registration proceedings;
5. Determine priority of overlapping titles;
6. Order a partition of the property. Cost and Expenses of Cadastral Proceeding THE CADASTRAL SURVEY OF LAND REGISTRATION Extent of Authority of Cadastral Courts: -not limited to merely adjudication of ownership in favor of one or more claimants, if there is no claimants the property is declared public land.

-cadastral courts do not have the power to determine and adjudicate title to lot already covered by homestead patent to a person other than the patentee.

-cadastral courts possess no authority to award damages. Nature and Effect of Final Judgement in a Cadastral Proceeding -a final judgement in a cadastral proceeding, is binding and conclusive upon th whole world (proceeding in rem). -the survey was executed by government surveyors;

-the survey was executed by private surveyors In case the survey is executed by the government surveyors, the National Government, provincial government and municipal government pay each 1/10 of the cost of the registration proceedings, survey and monumenting and the remaining 7/10 are taxed against all lots and are appropriated in accordance with the square root of the area of the lots. If the survey is executed by private surveyors 1/10 of the cost of the registration proceedings and the fees for surveys shall be paid by the province concerned; and 1/10 by the city, municipality or municipal district in which the land is situated, the city to be considered for this purpose both as a province and municipality and the remaining 7/10 shall constitute a first lien on the land of the occupants or claimants the payment shall be obligatory for each of them.
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