Sunday, February 20, 2011

Cancellation of Adverse Claim

This Authority has abandoned the earlier practice of allowing the cancellation of adverse claim through a sworn  petition by the party interest (a registered owner) addressed to the Register of Deeds. The registered owner must instead address his petition for cancellation of the adverse claim to the proper court. This is in line with the ruling of the Supreme Court in the case of "Alfredo Sajonas and Conchita Sajonas, petitoners, versus, the Court of Appeals, Domingo A. Pilares, Sheriff Garcia of Quezon City and the Register of Deeds of Marikina, Respondents," GR No. 102377 promulgated on July 5, 1996, which declared that an adverse claim annotated on the title can only be cancelled by order of the court . (LRA Consulta No. 2805 and 2963)

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