Parent in-laws given their marching orders

[Jack Peterson]

8 hours ago, davewe said:

"pepper corn" rent to occupy land where they have lived for the last 30 years as have a number of people.

 I am no Lawyer and like many here will give thoughts only, as we non of us, can give real Advice but talking to a Lawyer last night whilst at dinner on a similar issue here in Dumaguete, The Land owner may be on a Sticky Wicket, It would appear that by accepting even a "Peppercorn rent" he has created a Contract with these people. They are in all appearances leasers of the land and not Squatters. to refuse to accept rents he has now broken that Contract all be it not written ( Sometimes the unwritten contract over years can be better)

He would have to take all the people to court not as a One off case (lot of cash involved there)

At the hearing it may well be that the judge will say hold on here we can now see a 25 years lease by accepting Rents and now I will award the next 25 years as the legal Obligation to extend a lease ( Normal Practice here) So having now been 5 years into the next 25 year lease She tells me, I would at a guess say they will be safe for another 20 Years.  Whatever anyone does, would be closely monitored attempts to oust any of the people on the Land would be an illegal move, Buying them off will cost the Owner a lot of Cash so the ball I guess is in their court as to the next move, For me, Talk to a lawyer.  land Ownership has it's Drawbacks and Greed can present bigger problems if like this owner is trying Change the use for their own benefit. The Judicial System here is Naff we know, but even here, you just cannot throw families off land that they have been Paying Rent For and allowing Houses to be built.

As I say this is not my Scenario but one that was brought up on Negros where 12 families are now in the 2nd Lease term as this topic is a bout. Again For me, Let/Make the landowner take them all to Court, Don't give in to Bully boy tactics and Report to the PNP anything Underhand. This can be a bad thing But........"United we stand divided we fall"

 

Best of Luck to your G/F and her Family, but as has already been said Don't Splash cash on this Land until you are 100% sure of what is what. After all the years I have been here, I know 100% is never going to happen

 

jack

 

 Sorry Dave it was Ynot that said this, I picked this from your Quote

I do apologize.  Still getting used to things

 

Edited March 24, 2016 by Jack Peterson
Inserted wrong Quote text now apologizing!

[Dave Hounddriver]

19 minutes ago, Jack Peterson said:

 I am no Lawyer and like many here will give thoughts only

Ditto on that.  But I want to say that JP's observations are spot on when comparing to what I saw in my ex's family.  There was one patriarch who owned the land and each family member 'purchased' (by way of paying a small monthly payment}, their little plot of land.  

When the patriarch retired, one of the other relatives bought the land and had big plans.  But he could not kick off all the people who had been paying rent.  

My opinion is:  Don't leave the land voluntarily as the biggest weapon a land owner has is Bullchit and intimidation.

[northtoalaska]

As others have mentioned, this is a common scam. It got me once for $700.

I don't have any idea if the word scam applies in your situation. One would do well to consider the advice posted by others, above, on how to proceed. Certainly worth putting the little gray cells to work over.

[Ynot]

14 hours ago, chris49 said:

The law, which might not mean anything, or if it's not the law, it was a decree by President Noy Noy. Does state that squatters must be given 6 months notice to vacate. And this is applied in Metro Manila when the raze entire squatter developments.

If she's correct  and they do get 6 months and it squeezes out to a year or 14 month, that's Part One solved. I would say going to the local mayor or barangay cap is possible, but they might side with the landowner.

And you said there are a number of other people involved, so definitely it will take time.

And no, I would not buy them another land currently.

Everything has to be factored, but you did say earlier you are putting on a wedding this year didn't you?

So if it's me I wait out the 14 months and see what happens. Tough situation but you have to be tough also.....after 14 months are you moving here?  Can't advise further but good luck.

Yeah 14 months when I retire I will be there with bells on!  Ive known my girl for 3 years, and she has never asked for a cent and even now with her parents facing possible eviction she has not asked anything, its really me who is deciding what to do, What do I feel comfortable doing and has anybody else faced a similar situation and if so what did they do? Note, I have been to the Philippines 4 times and have met the parents 2 times both times in Dipolog.  I did not like the idea of travelling 4 hours south towards Malaysia, probably safe but decided against going to the parents modest shack.

Edited March 24, 2016 by Ynot
éxpanding on explanation

[mogo51]

11 hours ago, Jack Peterson said:

 I am no Lawyer and like many here will give thoughts only, as we non of us, can give real Advice but talking to a Lawyer last night whilst at dinner on a similar issue here in Dumaguete, The Land owner may be on a Sticky Wicket, It would appear that by accepting even a "Peppercorn rent" he has created a Contract with these people. They are in all appearances leasers of the land and not Squatters. to refuse to accept rents he has now broken that Contract all be it not written ( Sometimes the unwritten contract over years can be better)

He would have to take all the people to court not as a One off case (lot of cash involved there)

At the hearing it may well be that the judge will say hold on here we can now see a 25 years lease by accepting Rents and now I will award the next 25 years as the legal Obligation to extend a lease ( Normal Practice here) So having now been 5 years into the next 25 year lease She tells me, I would at a guess say they will be safe for another 20 Years.  Whatever anyone does, would be closely monitored attempts to oust any of the people on the Land would be an illegal move, Buying them off will cost the Owner a lot of Cash so the ball I guess is in their court as to the next move, For me, Talk to a lawyer.  land Ownership has it's Drawbacks and Greed can present bigger problems if like this owner is trying Change the use for their own benefit. The Judicial System here is Naff we know, but even here, you just cannot throw families off land that they have been Paying Rent For and allowing Houses to be built.

As I say this is not my Scenario but one that was brought up on Negros where 12 families are now in the 2nd Lease term as this topic is a bout. Again For me, Let/Make the landowner take them all to Court, Don't give in to Bully boy tactics and Report to the PNP anything Underhand. This can be a bad thing But........"United we stand divided we fall"

 

Best of Luck to your G/F and her Family, but as has already been said Don't Splash cash on this Land until you are 100% sure of what is what. After all the years I have been here, I know 100% is never going to happen

 

jack

 

 Sorry Dave it was Ynot that said this, I picked this from your Quote

I do apologize.  Still getting used to things

 

YOur  punishment Jack is another Pils when we meet.