Land Rights Vs Title

[Hewy09]

Moderator's Edit:  This is an old thread, revived to encourage the OP to give us an update.  So read all the way through before commenting, please.

My wife has found a cute little lot outside of Antipolo in the community of Boso-Boso. The trouble i have is that its only the rights to the property that she would be paying for, what I want to know and understand is What exactly dose this mean? I had my wifes only educated sister go look at the property and the papers and it would only be rights. 

So where dose this leave us if she decides to buy it? what are her rights to said property? If she purchases the rights and builds a house can it be just taken away from her? now she is not looking to build a nice home just an average type home for the area cement block with tin roof nothing fancy. 

After all the bad things i read and problems that people publish in regards to property ownership I just dont know what to think. She is so excited and thinks I dont like the property but i am just cautious as i dont want to see her through away money on something that she sinks money into.

 

any help or suggestions or infomation would be appreciated.

 

Hewy

Edited September 30, 2018 by Dave Hounddriver

[Dave Hounddriver]

its only the rights to the property that she would be paying for

 

 

That could refer to some different options but the one most commonly meant is Tax Declaration.

 

Here is a link to how one Philippine city handles it.  Property ownership is a mess here, even for locals.

[chris49]

My wife has found a cute little lot outside of Antipolo in the community of Boso-Boso. The trouble i have is that its only the rights to the property that she would be paying for, what I want to know and understand is What exactly dose this mean? I had my wifes only educated sister go look at the property and the papers and it would only be rights. 

So where dose this leave us if she decides to buy it? what are her rights to said property? If she purchases the rights and builds a house can it be just taken away from her? now she is not looking to build a nice home just an average type home for the area cement block with tin roof nothing fancy. 

After all the bad things i read and problems that people publish in regards to property ownership I just dont know what to think. She is so excited and thinks I dont like the property but i am just cautious as i dont want to see her through away money on something that she sinks money into.

 

any help or suggestions or infomation would be appreciated.

 

Hewy

 

Anti Polo is a desirable area, not far from Metro. Can't imagine a 300 m lot there going less than 3M. Is that the range?

 

Are you here in the Philippines to oversee this purchase?

[jpbago]

You will need more info as to what that means from a lawyer or clerk at city hall/land title office. I have heard of something like this where you owned the property but if oil or gold was discovered on the property, you did not get the oil or gold.

[Jack Peterson]

You will need more info as to what that means from a lawyer or clerk at city hall/land title office. I have heard of something like this where you owned the property but if oil or gold was discovered on the property, you did not get the oil or gold.

 Now that makes a little more sense, in the UK there are No mineral Rights, when you buy land it is usually only the depth + % for foundations then the Government retain the mineral Rights on anything below that, Gone are the days of the "Clampets" ( Remember the Beverley Hill Billy's.)

 

Morning All,  :morning1:

JP :tiphat:

[jpbago]

I asked around and this is what I was told about buying the rights.The government or an individual owns the property and at sometime gave the rights to someone else to live there. In your case, that someone now is selling those rights. If it was the government that owns the property, they may at sometime need the property for road widening or expansion of some government buildings, then they would find another place to relocate you. The private owner may also want the property returned. In either case you get nothing for your house. In your case, find out who the owner is and then make a judgement like if it is the government, why would they want the property back. My mother in law has had these rights for 60+ years. Her family has built all around her with no rights.

[Hewy09]

Sorry it has taken me so long to get back on the fourm.

Here is what I have found out. Buying the rights gives you use of said property. In my case it is government owned. My asawa's family all live and have houses on property that they only have rights, and have lived for 80 some odd years this way.

The property that I'm interested in is actually outside of Antipolo in Boso-Boso for those that are familiar with the area.

Actually as I'm writing this post my asawa is in Antipolo closeing the deal for the property.

We won't be building anything extravagant just a simple concrete house but of my own design as I have worked in concrete construction for the past 20 years. All we care is that it's safe and dry from the weather. We don't want it to stand out that it's an expats home and my asawa lives on a modest budget. As of this moment I don't live there but for a few months a year. When I am fully retired in 5 or so years we will build another home on family property in Samar.

Thanks to all who replied to my original post all information you gave was taken in and helped my decision as to what to do.

Hewy

Sent from my iPhone using Tapatalk

[Dave Hounddriver]

We won't be building anything extravagant just a simple concrete house

 

My only comment, having been in what seems a similar position, is that those kinds of properties are not eligible for a 'permanent' structure which is why most people build bamboo houses on that type of property.  But your mileage will vary of course, and what the locals consider a 'permanent' structure will also vary.

 

Best of luck.

[robert k]

I'm curious as to the purchase price of these rights and the square meters involved?

 

I would "buy" absolutely nothing here that was not just titled but with up to date title, same with a leasing. Even one of the online dating sites warns that you don't want to lease untitled land. Be careful of "paperwork" always check it against registered documents as you don't want to know how easy it would be to fake something and you wouldn't live long enough to recover if you go through the court system. I have also learned that even professionals who deal with such paperwork are not as reliable as you may think.

[Thomas]

The trouble i have is that its only the rights

There are a lot of different types.  Perhaps there are more, I know of theese types:

1/ Titled. 

That's similar/same as owning in our home countries.

2/ Freehold/Tax.

If the tax is paid long time, it's a SIGN it CAN be good, BUT it isn't legaly checked if it can BECOME p1, if they can prove ownership LONG time.  (The transfer can be DEMANDED if it's long time (=Around 1948.) It can be ASKED to get if have had it at least (10 ?)  years.)  IF it's found ok, it can be TRANDFERED to Titled for a (not so high) fee.

3/ Stewardship.

It's users right for e g 25 years.  Normaly it's forest land and is suppoused to be left back in good shape. The Government is owner.

4/ Land where squatters are ALLOWED to settle by the local government.

Sometimes the squatters are GIVEN the land after living there long time.

5/ Squatter OCCUPIED land.

Illegal occupied.  Sometimes the local government don't bother,

sometimes they give the squatters RIGHT to live ELSEWHERE as START of p4,

sometimes the local government just force away the squatters.

 

NOTE! There can be UNPAID taxes. The tax depts FOLLOW THE LAND   = The NEW owner risk* to become responcible for OLD tax depts, if not solving that as a part of the buying process.

 

*Risk =Will probably.  Some property registration offices DON'T let the land documents be transfered to the new land owner, if there are old unpaid property taxes.