Understanding the Section 7 RA 26 Encumbrance > 자유게시판

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A Section 7 RA 26 encumbrance is a mandatory annotation placed on land titles that have been reconstituted. Reconstitution is the legal process of recreating a lost or destroyed original title (often due to fires or What happens if the two-year period has already expired? natural disasters at the Registry of Deeds).

Because the new title is built from secondary evidence, the law imposes a two-year lien to protect third parties. This lien acts as a "waiting period," giving anyone who might have had an interest in the original title (such as a previous buyer or a mortgagee) the opportunity to step forward and contest the new title if their rights were not carry over during the reconstitution.
Selling and Mortgaging Encumbered Property

Is it difficult to sell or mortgage a property with this lien? Yes. While the law does not strictly prohibit the sale of the property, the presence of the Section 7 annotation creates a "cloud" on the title.

Banks: Most financial institutions will refuse to accept the property as collateral for a loan until the lien is cancelled, as it represents a potential risk to their security.

Buyers: Savvy buyers and their lawyers often view the lien as a red flag. What happens if the two-year period has already expired? a third party successfully claims a right to the land within that two-year window, the buyer could lose the property.

How to Remove the Encumbrance

The encumbrance does not automatically disappear after two years; it must be formally cancelled at the Registry of Deeds. There are two primary ways to do this:
1. Administrative vs. Judicial Cancellation

Administrative Cancellation: If the title was reconstituted administratively (usually through the Land Registration Authority due to large-scale loss of records), the owner can file a verified petition for cancellation directly with the Register of Deeds once the two-year period has lapsed without any adverse claims being filed.

Judicial Cancellation: If the title was reconstituted judicially (through a court order), the owner must file a petition for cancellation with the Regional Trial Court (RTC). This process involves a court hearing and the publication of the petition in a newspaper of general circulation.

2. When the Two-Year Period Has Expired

If the two-year period has already lapsed and no one has contested the title, you are in a strong position. However, the annotation will remain on the physical title until you take action. You must still follow the administrative or judicial route mentioned above to have the "Section 7" text physically stricken or a new "clean" title issued.
Conclusion: Do You Need a Lawyer?

While some administrative tasks at the Registry of Deeds can be handled by an owner, it is highly recommended to hire a lawyer for the cancellation of an RA 26 encumbrance. The process requires drafting a "Verified Petition," ensuring strict compliance with publication requirements, and, in judicial cases, representing you in court. A mistake in the procedure can lead to the denial of your petition, further delaying your ability to sell or mortgage your home.