Act No. 2011, enacted on January 12, 1911, amends Section 39 of the Land Registration Act (Act No. 496) to extend specific exemptions for government irrigation canals and public highways. The amendment clarifies that individuals holding a certificate of title to registered land will be free from certain encumbrances, except for those explicitly noted on the title, as well as certain statutory claims and taxes due within the last two years. It emphasizes that easements or rights associated with the registered land remain valid even if not recorded, continuing to pass with the land until properly extinguished. This amendment aims to enhance the clarity and security of property ownership in relation to government infrastructure.
January 12, 1911
ACT NO. 2011
AN ACT AMENDING SECTION THIRTY-NINE OF ACT NUMBERED FOUR HUNDRED AND NINETY-SIX, ENTITLED "THE LAND REGISTRATION ACT," SO AS TO EXTEND TO GOVERNMENT IRRIGATION CANALS AND LATERALS THEREOF AND EXEMPTIONS ESTABLISHED IN FAVOR OF PUBLIC HIGHWAYS
Section thirty-nine of Act Numbered Four hundred and ninety-six is hereby amended to read as follows:
"SEC. 39. Every applicant receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land who takes a certificate of title for value in good faith shall hold the same free of all incumbrance except those noted on said certificate, and any of the following incumbrances which may be subsisting, namely:
"First. Liens, claims, or rights arising or existing under the laws or Constitution of the United States or of the Philippine Islands which the statutes of the Philippine Islands can not require to appear of record in the registry.
"Second. Taxes within two years after the same have become due and payable.
"Third. Any public highway, way, private way established by law, or any Government irrigation canal or lateral thereof, where the certificate of title does not state that the boundaries of such highway, way, or irrigation canal or lateral thereof, have been determined.
"But if there are easements or other rights appurtenant to a parcel of registered land which for any reason have failed to be registered, such easements or rights shall remain so appurtenant notwithstanding such failure, and shall be held to pass with the land until cut off or extinguished by the registration of the servient estate, or in other manner."
Enacted: January 12, 1911