Common Mistakes in Land Title Transfers and How to Avoid Them
- DP Law
- Apr 1
- 3 min read
Updated: Apr 2
Transferring land ownership is a major legal and financial transaction. Unfortunately, many property buyers and sellers in the Philippines fall into traps that result in delays, legal disputes, or even financial losses. In this guide, we highlight the most common land title transfer mistakes and how to avoid them. Whether you’re buying a property, inheriting land, or gifting it to a family member, knowing these risks can protect your investment.
1. Proceeding Without Verifying the Land Title
Failing to verify the title is one of the biggest and most avoidable mistakes.
Why It Matters:
The seller might not be the legal owner
The title may have encumbrances like liens or mortgages
It could be fake or already sold to someone else (double sale of land)
How to Avoid:
Request a Certified True Copy of the title from the Registry of Deeds
Check for annotations (e.g., mortgages, lis pendens)
Verify ownership and property boundaries
Hire a lawyer to conduct due diligence
2. Using Incomplete or Fake Documents
Transacting with incomplete or forged documents can result in nullified transfers or criminal charges.
Examples:
Fake Deed of Sale
Forged signatures
Missing IDs or tax documents
How to Avoid:
Ensure the Deed of Sale is notarized and contains full details
Ask for original IDs and proof of payment
Keep copies of all documents including CAR and tax receipts
3. Not Checking for Title Errors or Inconsistencies
Errors in the title’s details can cause delays during the transfer process.
Common Issues:
Misspelled names
Wrong lot number or land area
Unupdated marital status or heirs not reflected
How to Avoid:
Review the title carefully for accuracy
Match it with the Tax Declaration and actual property boundaries
Have corrections made before proceeding with the transfer
4. Missing the Certificate Authorizing Registration (CAR)
The CAR is issued by the Bureau of Internal Revenue (BIR) after payment of taxes. Without it, you cannot register the title.
Mistake:
Attempting to register the title without submitting the CAR
How to Avoid:
Pay Capital Gains Tax, Documentary Stamp Tax, and Withholding Tax (if applicable)
Submit the notarized Deed of Sale and tax documents to the BIR
Wait for the official CAR before going to the Registry of Deeds
5. Skipping Local Government Clearances
You may need clearances from the Barangay, Treasurer’s Office, and Assessor’s Office.
Mistake:
Assuming the Deed of Sale and title are enough for the transfer
How to Avoid:
Secure:
Real Property Tax Clearance
Transfer Tax Receipt
Updated Tax Declaration in buyer’s name
Zoning Certificate if required
6. Delaying the Registration Process
Time is of the essence when it comes to transferring property titles.
Why It’s Risky:
Title can still be claimed by someone else (fraudulent seller scenario)
Double sale risk increases
Penalties for late tax payments
How to Avoid:
Process all legal steps immediately after signing the Deed of Sale
Submit documents to the Registry of Deeds promptly
Avoid relying solely on verbal assurances
7. Not Seeking Legal Assistance
Many buyers rely solely on agents or the seller without legal guidance.
Mistake:
Ignoring the complexity of legal procedures and paperwork
How to Avoid:
Hire a real estate lawyer to review the documents
Get help with tax computations, BIR compliance, and Registry requirements
Let professionals identify title transfer mistakes before they become costly
Final Thoughts: Do It Right the First Time to Avoid Land Transfer Title Mistakes
Transferring a land title is not just about paperwork—it’s about securing your rights. Property title transfer in the Philippines involves multiple steps and legal touchpoints. Avoiding these common mistakes can save you from litigation, delays, or financial loss.
Need Help with Your Title Transfer? DP Law Is Here for You
At DP Law, we help individuals and families navigate land title transfers safely and efficiently. From verifying documents to securing the CAR and filing with the Registry of Deeds, we ensure your transfer is done right.
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