Lawyers in the Philippines

Land Title Due Diligence
Lawyers in the Philippines

    Why choose us?

    FCB Law Office’s experience in land matters enables us to understand how to work with fragmented and manual land registries to your advantage.
    FCB Law Office will explain clearly what steps must first be done so that your land investigation and due diligence is successful. A lot depends on the data you have.
    FCB Law will always work with your best interest in mind and may take time if you have limited information. We will work patiently and diligently on your case, always.
    Investigations are best done in stages because what needs to be done will depend on what is found in the preceding step. We will provide clear costing for each step.

    Why do you need land title due diligence?

    Due diligence ensures that the land you want to buy can be
    transferred     and that there is no recorded claim on the land
    that will mire you in litigation for years.

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    Avoid Scams

    Fake titles are everywhere and doing your due diligence ensures that you are buying from the registered owner and that this is an actual legitimate transaction from the real owner. At no point should you buy “rights”.
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    Check if there are legal issues

    Verifying the title at the RD will show you whether there is a case recorded for the property and double checking at the courts will check if there are ongoing cases that may not have been recorded on the transaction.
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    Check if supporting documents are in order

    All the other land documents must be in order so that the transfer of the property in question is smooth as there may be issues with the other land documents even if the title is clean.
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    Discover Information

    If you are doing a Land Title Search or Due Diligence because you don’t have information on a property (for instance you are an heir), doing due diligence will help you discover the information that you need to make a decision.

    Atty Britanico and
    Land Title Due Diligence

    A buyer must exercise due diligence before buying real estate. Due diligence involves checking the seller’s legal title as well as an agent’s authority to sell the property. This is done by examining the property records and investigating the seller. The law will protect a buyer who has made such an investigation. A buyer who does her due diligence will thus be protected from fraud and her ownership of the purchased property will become unassailable under the law.

    Atty Britanico, Founder

    Email Atty Now

    What are the requirements?

    Land Title Due Diligence starts with information and can really only be completed if you have the owner’s permission due to Data Privacy Rules that limit due diligence requests to the owners, their heirs or anyone that they authorize in an SPA.

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    SPA from Owner/Heir

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    Any property information

    Land Title Due Diligence Process

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    Email Us and explain what information you have, what property you want to investigate, what your relationship to the owner is and whether or not you have a SPA from the owner.

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    First step If you only have the property address and a SPA, we will need to manually check the tax declaration and then try to get the title number.

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    Second Step If you have the title number itself and a SPA, we can directly pull up the land title and then get supporting documents.

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    Mail Land Property Docs FCB Law Office will send you the documents we were able to gather or continue to assist if you require other docs.

    Further Reading

    Read More on Land Cases

    Frequently Asked Questions

    What is Land Title Due Diligence in the context of the Philippines?

    Land Title Due diligence is a process of investigation and assessment of a property to ensure that the buyer or investor has all the necessary information to make an informed decision. In the Philippines, Land Title Due Diligence is particularly important due to the number of fake Land Titles and the need for complete land documents to transfer a title to new owners.

    When is Land Title due diligence necessary in the Philippines?

    Due diligence is recommended whenever property is being transferred to new owners such as when a Land Title is being transferred to heirs, when property is being bought or other transfers such as donation are being contemplated.

    What are the property documents that should undergo due diligence in the Philippines?

    The property documents that should be investigated at the minimum are the Land Title, the Tax Declaration and the seller’s authorization if the seller is an agent. It is not enough that the owner possesses the property documents, what must be done is that the property documents are also checked versus what is recorded in the Registry of Deeds.

    What are the steps involved in conducting due diligence in the Philippines?
    The steps involved in conducting due diligence differ depending on the information that is available. If there is only a name, there is not enough information to investigate. If there is an address, that can be enough to investigate. If there are photocopies of the documents or the actual original documents, then that would streamline the process.
    How long does the Land Title Due Diligence take?

    The length of the due diligence process varies depending on the complexity of the transaction and the availability of information. It can take anywhere from a few weeks to several months due not only to the information you have but also because Philippine Land Registries are manual and fragmented so we physically have to go to each place and check.

    Can I conduct due diligence on my own, or do I need professional help?

    While it is possible to conduct some aspects of due diligence on your own, it is generally advisable to seek professional help, particularly for complex transactions or when specialized expertise is required. Professionals such as lawyers and accountants can provide valuable insights and help ensure a thorough due diligence process.

    How much does due diligence cost in the Philippines?

    The cost of due diligence in the Philippines varies depending on factors such as the complexity of the transaction, the scope of the due diligence process, and the professionals involved. It is best to consult with the relevant professionals to obtain estimates for their services.

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