Simplified Question: Can each owner of a property have a copy of the same Title Deed?
In the Philippines, a Title Deed, specifically a Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT), is a legal document that serves as proof of ownership of a piece of land or property. This document is issued by the Register of Deeds under the Land Registration Authority (LRA). When a property is owned by multiple parties, each owner has rights associated with the property, but the legal documentation concerning the title follows specific protocols.
Possession and Copies of the Title Deed
Each registered owner of a property is entitled to have a copy of the Title Deed. However, it is important to distinguish between the "original" title and "certified true copies" of the title:
Original Title: The original title is kept at the Register of Deeds. This original title is considered the most authoritative document concerning ownership. Only one original title exists, and it is stored in the registry.
Owner's Duplicate Certificate: The law provides that the registered owner or owners of the property may receive an "owner’s duplicate certificate" of the title. This duplicate certificate holds the same evidentiary value as the original title and is usually given to the first owner or the designated representative among multiple owners.
Certified True Copies: Any of the co-owners can request certified true copies of the title from the Register of Deeds. These copies are official documents that replicate the contents of the original title, including annotations and encumbrances. While these are not the original title, they are legally recognized and can be used for various purposes, such as proof of ownership when transacting with third parties.
Rights and Obligations of Co-Owners
In cases where there are multiple owners, each owner has an equal right to possess and enjoy the property, unless otherwise specified in an agreement between the owners. This extends to their right to access and obtain documents related to the property, including the Title Deed.
However, the division of rights among co-owners does not alter the nature of the title document itself. The property, even if owned by multiple parties, is still represented by a single title at the Register of Deeds. Thus, while multiple owners can possess certified true copies, there is no issuance of separate titles to each co-owner. Instead, their names and respective shares are indicated on the title.
Practical Considerations
Owners should ensure that all dealings concerning the property are done with the consent of all co-owners unless a specific agreement states otherwise. Moreover, any changes or transfers involving the property will typically require the presentation of the original owner’s duplicate certificate or a certified true copy, depending on the transaction's requirements.
In summary, while each owner can possess a copy of the Title Deed, the legal framework ensures that only one original title exists, safeguarded by the Register of Deeds. Owners can request certified true copies to facilitate their transactions, ensuring their rights and interests are adequately protected and documented.