Dear Attorney,

I recently filed an adverse claim on a property to protect my interest in it. However, the 30-day period for the adverse claim has lapsed, and I am concerned about the possible consequences. What happens when an adverse claim lapses after 30 days? Is there any way to extend or renew it, and what are my options to ensure my interest in the property remains protected?

Answer:

When an adverse claim lapses after 30 days in the Philippines, the legal effect is that the claim is effectively removed from the title of the property. An adverse claim is a notice recorded in the property’s title to inform potential buyers or interested parties that a third party has an interest or claim over the property. According to the Philippine Land Registration Act, specifically Section 70 of Presidential Decree No. 1529, the annotation of an adverse claim is only valid for 30 days. After this period, it is automatically canceled by the Register of Deeds, unless renewed or re-annotated.

Once the adverse claim has lapsed, it no longer appears on the title, which means that the claim has lost its legal effect of warning or informing others about your interest in the property. This could potentially expose you to risks, especially if the property is sold or transferred to another party without your claim being visible on the title.

However, there are options to address this:

Filing a New Adverse Claim: You may file another adverse claim with the Register of Deeds. This would involve preparing a new affidavit of adverse claim and ensuring it meets all legal requirements. Be aware, though, that the new claim will only be valid for another 30 days unless further legal actions are taken.
Filing a Lis Pendens: If you are involved in litigation over the property, you may consider filing a notice of lis pendens. Unlike an adverse claim, a lis pendens remains on the title for the duration of the legal proceedings. This provides a more prolonged protection of your interest in the property.
Consultation and Legal Action: Depending on the circumstances, it might be prudent to consult with a lawyer to explore other legal remedies that could protect your interest in the property more effectively. This could include filing a case to assert your claim or seeking an injunction to prevent the sale or transfer of the property.

In conclusion, while the lapse of an adverse claim removes it from the title, there are legal steps you can take to reassert or protect your rights. It is advisable to act promptly to avoid further complications and to secure your interest in the property through appropriate legal channels.