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

Act No. 2011

By authority of the United States, be it enacted by the Philippine Commission, that:

Section 1. 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.”