Our real property and land dispute resolution services offer strategic legal solutions for individuals and corporations facing contested ownership, boundary overlaps, or unlawful occupation of property.
We provide technical and legal expertise required to navigate the Philippine’s complex land registration and ownership system, protect investments, and secure property rights.
What You Should Know About Real Property and Land Disputes in the Philippines
Real property (used as a broader term than real estate) encompasses the interests, benefits, and rights inherent in the ownership of real estate. It includes the physical land (the surface as well as what lies below and above it), everything that is permanently attached to it—whether natural or artificial – plus all the rights of ownership, including the right to possess, sell, lease, and use the land.
Land is one of the most valuable yet litigious assets in the Philippines. Disputes often arise from overlapping titles, fraudulent transfers, or physical encroachments that cloud the integrity of a Torrens Title.
Because the Philippine legal system prioritizes the “indefeasibility of title,” resolving these issues requires a precise combination of administrative remedies (through the LRA or DENR) and judicial actions (through the Regional Trial Courts). Timely intervention is critical, as certain rights can be lost through “prescription” or the passage of time.
Here are the most common forms of property and land disputes in the Philippines:
Boundary Disputes
These arise when property lines are unclear or disputed due to inaccurate surveys, missing markers, or conflicting land descriptions.
Conflicting or Multiple Titles
Disputes occur when two or more parties claim ownership of the same land because of overlapping or erroneously issued titles.
Ownership and Possession Conflicts
These involve disagreements over who has the legal right to own or possess property, often due to incomplete or contested documents.
Double Sale of Property
A double sale happens when the same land is sold to multiple buyers, leading courts to determine ownership based on good faith and registration.
Inheritance and Co-Ownership Disputes
Conflicts arise among heirs over the division, use, or sale of inherited property, especially when no clear partition exists.
Unauthorized Occupation or Informal Settle Issues
Landowners dispute with occupants who possess land without legal authority, requiring ejectment or unlawful detainer actions.
Easement and Right-of-Way Disputes
These occur when access rights over another’s property are contested, particularly for landlocked parcels.
What Duran & Duran-Schulze Law Does
Duran & Duran-Schulze Law combines aggressive litigation with technical precision. We help resolve real property and land disputes by providing legal advice, reviewing titles and documents, and identifying the most effective legal remedies. We also handle filings and represent clients in negotiations, mediation, and court proceedings.
Our Real Property and Land Dispute Resolution Services
With the goal of providing a definitive resolution that results in a clean, marketable title and peaceful possession, our real property and land dispute resolution services cover:
Title Verification and Due Diligence
We conduct a comprehensive examination of land titles, tax declarations, survey plans, and registration records to determine the validity of ownership and identify defects or overlapping claims.
Negotiation and Alternative Dispute Resolution (ADR)
We represent clients in negotiations, mediation, or other alternative dispute resolution mechanisms to facilitate amicable settlement of property disputes and protect interests while minimizing litigation costs and delays.
Litigation and Court Representation
We defend actions involving real property, including ejectment, quieting of title, partition, recovery of possession, and cancellation of title cases. We handle procedural and substantive aspects of trial and appellate litigation before the proper courts.
Boundary and Survey Dispute Resolution
We can also work closely with licensed geodetic engineers and other professionals to evaluate survey plans and technical descriptions relevant to boundary and encroachment disputes and present findings in court.
Inheritance and Co-Ownership Dispute Resolution
We advise heirs and co-owners on the rights and obligations under succession and property laws, including the proper partition and disposition of inherited land. Representations may include settlement negotiations or the initiation of judicial partition and related actions.
Easement and Right-of-Way Claims
We also assist in asserting or opposing legal easements in accordance with the Civil Code and applicable jurisprudence. Our representation includes negotiation, documentation, and litigation to enforce or defend access rights over properties.
How to Get Started
For inquiries on requirements, processes, and fees, contact Duran & Duran-Schulze Law at (+632) 8478 5826, (+63) 917 194 0482, or info@duranschulze.com, or simply complete the form on this page. Our office is located at 1210 High Street South Corporate Plaza Tower 2, 26th Street, Bonifacio Global City, Taguig, Metro Manila, Philippines.
Need to Consult a Lawyer?
You can book an online or in-person consultation with Atty. Wendy. Choose a 30-minute or 1-hour session, fill out the form with your information and preferred schedule, pay the fee via PayPal, and meet with the attorney at the scheduled time.
Atty. Mary Wendy A. Duran
Founding Senior Partner [Read Profile]
Family Law, Civil Law, Criminal Law, Special Proceedings, and Property law
Real Property and Land Dispute FAQs
For your reference and guidance, here are some frequently asked questions about real property and land dispute resolutions in the Philippines:
While a Tax Declaration is strong evidence of possession and a “claim” of ownership, it is not conclusive proof of title under the Torrens system. A validly issued Transfer Certificate of Title (TCT) will almost always prevail over a mere Tax Declaration in court.
It is a warning annotated on the property title at the Registry of Deeds, informing the public that the property is currently the subject of a pending court case. This prevents the other party from selling the land to an “innocent purchaser” while the dispute is ongoing.
Yes, you can file an Action for Reconveyance. However, you must generally act within four (4) years from the discovery of the fraud or ten (10) years from the issuance of the title, depending on the specific circumstances of the case.
No. Philippine law strictly prohibits “self-help” or the use of force to evict occupants. You must obtain a court-issued Writ of Execution or Writ of Demolition. Taking the law into your own hands—such as cutting off utilities or destroying structures yourself—can expose you to criminal charges for Coercion or Malicious Mischief.
No, your ownership remains, but the physical evidence (the title) must be restored through Judicial or Administrative Reconstitution. This process “rebuilds” the lost record using secondary evidence like tax declarations, survey plans, or the owner’s duplicate copy.
Yes, many disputes can be resolved through negotiation, mediation, or alternative dispute resolution (ADR), which are faster, less costly, and preserve relationships.
Resolution time varies depending on complexity, parties involved, and whether the dispute is settled through negotiation, ADR, or court litigation, ranging from a few months to several years.
