Practice Areas

Property & Title Transfer

Protect your real estate investments and ensure smooth transitions of ownership. We handle the intricacies of property law, from due diligence to the final issuance of titles.

How we can help

Real property transactions in the Philippines involve multiple government agencies, strict documentary requirements, and significant tax obligations. A single misstep can delay or invalidate the transfer entirely.

Vivas & Nobles guides individuals, families, and businesses through every stage of property transactions and disputes — ensuring your ownership rights are secured and your investment is protected.

Buying or selling? Estimate the taxes and fees to transfer a title — capital gains tax, documentary stamp tax, transfer tax, and registration fee — with our free Property Title Transfer Cost Calculator.

Extrajudicial Settlement of Estate

Facilitating the division and transfer of properties left by deceased family members without the need for lengthy court proceedings.

Title Transfer & Registration

Processing the transfer of land titles (TCT/CCT) resulting from sales, donations, or inheritance, ensuring all tax obligations and registry requirements are met.

Property Dispute Resolution

Legal representation in boundary disputes, conflicting claims of ownership, and recovery of possession of real estate properties.

Contract Drafting & Review

Preparation and meticulous review of Deeds of Sale, Lease Agreements, Mortgages, and other property-related contracts to safeguard your interests.

Due Diligence

Thorough verification of title history, encumbrances, liens, and ownership records before any property transaction — so you know exactly what you are buying.

Commentaries

Philippine property law, explained

Family & Annulment

The Family Home in the Philippines: What Creditors Cannot Touch

The family home is protected from execution, but the protection is narrower than most people think. This commentary explains how the family home is…

July 14, 2026
Property & Real Estate

Unlawful Detainer in the Philippines: How to Legally Evict a Tenant

Unlawful detainer is the legal way to evict a tenant who refuses to leave after a lease ends or rent goes unpaid. This commentary explains the demand…

July 11, 2026
Property & Real Estate

Recovering Possession of Property in the Philippines: Forcible Entry, Accion Publiciana, and Accion Reivindicatoria

Philippine law gives three actions to recover real property, depending on how long ago you were dispossessed. This commentary explains forcible entry and…

July 7, 2026
Property & Real Estate

Capital Gains Tax and Documentary Stamp Tax on Property Sales in the Philippines

Selling real property in the Philippines triggers a 6% capital gains tax and a documentary stamp tax before the title can be transferred. This commentary…

July 6, 2026
Property & Real Estate

Deed of Absolute Sale and Notarization in the Philippines: What Makes a Sale Valid and Registrable

A deed of absolute sale transfers ownership of property, but it must be notarized to register the title. This commentary explains when a sale is valid…

July 4, 2026
Property & Real Estate

Builder in Good Faith: What Happens When You Build on Someone Else's Land

A house built on the wrong lot is not automatically demolished. This commentary explains Article 448 of the Civil Code, who is a builder in good faith,…

July 3, 2026
Property & Real Estate

Foreclosure in the Philippines: The Process, the Redemption Period, and How to Save the Property

Missing mortgage payments does not mean instant loss of the property. This commentary explains extrajudicial foreclosure under Act 3135, the posting and…

July 2, 2026
Property & Real Estate

The Maceda Law: What Happens When You Stop Paying Your Property Installments

A developer cannot simply cancel your contract and keep everything you paid. This commentary explains the Maceda Law: the grace period of one month per…

July 1, 2026
Property & Real Estate

Adverse Claims and Annotations on a Land Title: How to Protect a Claim

If someone else holds the title but you have a claim on the property, an annotation is how you warn the world. This commentary explains the adverse claim…

June 19, 2026
Property & Real Estate

Right of Way in the Philippines: When a Landlocked Owner Can Demand a Passage

A landlocked property owner can compel a neighbour to grant a passage, but only on strict conditions. This commentary explains the four requisites of a…

June 18, 2026
Property & Real Estate

Lost Land Title in the Philippines: Replacement of the Owner's Duplicate vs. Reconstitution

Losing your land title is not the end, but filing the wrong petition is. This guide explains the difference between replacing a lost owner's duplicate…

June 17, 2026
Property & Real Estate

How to Register a Property at the Registry of Deeds After Paying the BIR Taxes

Paying the capital gains and documentary stamp taxes is only half the job. This step-by-step guide covers what happens after the eCAR: paying the local…

June 16, 2026
Estate & Taxation

Donor's Tax and the Deed of Donation in the Philippines

Giving property away is not free of tax. This commentary explains the 6% donor's tax under the TRAIN law, the 250,000-peso annual exemption, the form and…

June 6, 2026
Estate & Taxation

How to Transfer a Land Title from a Deceased Owner to the Heirs

Inherited land cannot simply be transferred like a sale. This step-by-step guide explains how heirs settle the estate, pay the estate tax, obtain the…

June 5, 2026
Property & Real Estate

Can Foreigners Own Condominiums in the Philippines? The 40% Rule Explained

Foreigners cannot own land in the Philippines, but they can own condominium units. This commentary explains what Section 5 of the Condominium Act actually…

June 4, 2026
Property & Real Estate

Lease Contracts and Tenant Rights in the Philippines: What the Rent Control Act Allows

Renting in the Philippines is governed by the Civil Code and, for covered units, the Rent Control Act (RA 9653). This commentary explains which units are…

June 3, 2026
Property & Real Estate

Real Property Tax (Amilyar) in the Philippines: Rates, Deadlines, and Penalties

Amilyar is the annual local tax on land and buildings. This commentary explains the rates under the Local Government Code, the January 31 and quarterly…

June 2, 2026
Property & Real Estate

How to Pay Capital Gains Tax at the BIR: A Step-by-Step Guide

A practical walkthrough of paying capital gains tax on a Philippine property sale: what to bring, how to compute the base, filing BIR Form 1706 within 30…

June 1, 2026
Estate & Taxation

Partition of Inherited Property in the Philippines: How to Divide the Estate

How heirs divide inherited property: extrajudicial settlement when everyone agrees, judicial partition when they do not, what happens when one heir…

May 3, 2026
Property & Real Estate

How to Buy Property in the Philippines Safely: A Due Diligence Guide

A comprehensive guide to conducting due diligence before purchasing property in the Philippines, including title verification, tax checks, and red flags…

February 10, 2026
Property & Real Estate

Land Title Transfer in the Philippines: A Step-by-Step Guide

Transferring ownership of real property in the Philippines involves multiple government agencies, tax obligations, and documentary requirements. This…

February 2, 2026

Browse all 21 of these commentaries and the rest of the library →

In your area

Quezon City property? See the transfer process and offices for Quezon City — the court that hears it, the offices involved, and the deadlines that apply.

Also serving: Makati · Taguig / BGC · Manila · all locations

Transferring a title, in order

A land transfer moves through fixed steps: a notarized deed of sale, payment of the capital gains tax and documentary stamp tax at the BIR, issuance of the electronic Certificate Authorizing Registration (eCAR), payment of the local transfer tax, and finally registration with the Registry of Deeds, which cancels the old title and issues a new one in your name. The tax declaration is updated last. Our full land title transfer guide walks each step.

The taxes that drive the cost

Transfer cost is mostly tax. Capital gains tax is six percent of the higher of the selling price or the BIR zonal value, documentary stamp tax is one and one-half percent, the local transfer tax is up to three-quarters of one percent, and the Registry of Deeds charges a graduated registration fee. Deadlines matter: the capital gains tax and documentary stamp tax are due within set periods after the sale, and late payment adds surcharge and interest.

Estimate the cost first

Our title transfer cost calculator totals the capital gains tax, documentary stamp tax, transfer tax, and registration fees for your property so you know the figure before you start.

Frequently asked questions

What taxes do I pay to transfer a land title?

Capital gains tax of six percent on the higher of the selling price or zonal value, documentary stamp tax of one and one-half percent, a local transfer tax of up to three-quarters of one percent, and the Registry of Deeds registration fee. The capital gains tax and documentary stamp tax are paid to the BIR before the eCAR is issued.

Who pays the capital gains tax, the buyer or the seller?

By law the capital gains tax is the seller's liability, but who actually shoulders it is a matter of agreement and is often negotiated in the deed of sale. Make the allocation explicit in writing to avoid a dispute after signing.

How long does it take to transfer a title?

Commonly two to four months, driven by the BIR's processing of the eCAR and the queue at the Registry of Deeds. Missing documents, unpaid real property tax, or an estate that was never settled are the usual causes of delay.

Can a foreigner own land in the Philippines?

No. Foreigners generally cannot own land. They may own a condominium unit provided foreign ownership in the project stays within the forty percent limit, and they may lease land long term. See our guide on condominium ownership by foreigners.

What is an eCAR and why does it matter?

The electronic Certificate Authorizing Registration is the BIR's proof that the transfer taxes have been paid. The Registry of Deeds will not register the sale or issue a new title without it, so it is the gate every transfer must pass.

Contact Us

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