An adverse claim is a legal remedy for any person who may have a stake or claim upon registered property.
A person who has a claim upon a certain real property will make a sworn statement and file it with the register of deeds.
The register of deeds will inscribe the claim in the title so that the entire world will be informed that there is a person making a claim over a certain property.
The adverse effects of any adverse claim is that persons will be wary in dealing with registered property with an inscribed adverse claim.
Banks for instance, will not easily approve loans where the collaterals are registered property with an adverse claim.
Actually banks won't.
The general rule is that an adverse claim serves as a warning to people to be careful in dealing with registered property with an inscribed adverse claim.
But my client, Manny, a real estate broker says this general rule is not always applicable and there are exceptions.
He said that registered properties in Fort Bonifacio, Taguig for instance have adverse claims from the city of Makati.
This means that for every title of real property in Taguig, the city of Makati registered an adverse claim.
Manny says people dealing with real properties in Taguig always make sure that the titles have adverse claims by the city of Makati.
If there is no such adverse claim, a doubt ensues on the authenticity of the title.
Manny says people feel more secure if the titles of properties in Fort Bonifacio have adverse claims by the city of Makati.
This means that the property is genuine.
It means the property is valuable.
It is coveted.
Paloma property - This afternoon, December 27, 2008, after having luch in san Jose town, here in Negros Oriental, my father took us to a piece of beach lot he bought years ago...
5 years ago