Real Estate Laws Lecture Notes

A comprehensive set of vocabulary flashcards covering key terms and concepts from real estate laws outlined in the lecture notes.

1987 Philippine Constitution

The foundational legal document of the Philippines that took effect on February 2, 1987.

Regalian Doctrine

The principle that all lands not clearly within private ownership are presumed to belong to the State.

Jura Regalia

Royal rights that the Crown possesses, requiring private title to land to trace back to a grant from the monarchy.

Accretion

The gradual accumulation of soil or sediment that results in the expansion of land adjacent to a body of water.

Avulsion

The sudden loss of land due to a natural event separating a portion from an estate.

Alluvium

Soil that is deposited on land from rivers or streams.

Eminent Domain

The right of the government to take private property for public use with just compensation.

Just Compensation

The fair market value for property taken under eminent domain, reflecting the owner's loss.

Inverse Condemnation

A legal action taken by a property owner to claim compensation from the government for property taken without formal condemnation.

Expropriation

The act of a government taking privately owned property for public use, typically requiring compensation.

Public Grant

The transfer of public land from the government to a private individual.

Inheritance

The acquisition of property by legal succession through a will or by law.

Devise vs Legacy

A devise is a gift of real property, while legacy refers to a gift of personal property.

Acquisition by Prescription

Acquisition of land title through continuous, exclusive, and notorious possession over a specified period.

Laches

A legal doctrine that bars claims due to unreasonable delay in asserting them.

Private Grant

The voluntary transfer of property between private individuals by deeds or other legal means.

Right-of-Way

A legal right to use another person's land for a specified purpose, especially for transportation.

RA 10752 - The Right-of-Way Act

Legislation that outlines the process for acquiring rights-of-way for public infrastructure projects.

RA 12289 - ARROW Act

Law expanding the scope of right-of-way acquisition to include not just government projects but also private entities.

Ecological and Environmental Concerns

Considerations necessary for projects impacting land and property ownership, focusing on sustainability.

Condemnation Value

The estimated value of property during expropriation proceedings, determining just compensation.