Buying Land and Property

[Jollygoodfellow]

3 hours ago, Onemore52 said:

Good morning all, over a few beers last night I remembered some info left out of my post, I promise it won't be long.

Why we have gone to court to settle the land by the side of the river that was quarried is that there is this thing called RIPARIAN rights in the Philippines and it pertains to land at a waterway used for irrigation, similar to a high tide mark in other countries I suppose where normally you can't do anything with it.

Now seeing that this land is underwater when the river rises there is nothing much that can be done with it, the lands department know this but still we have to go to court to settle this, by the way the fella from Manila suggested that if we were to part with 40k he would forget about it and sign it off to us, no way Jose.

The other thing is about when I mentioned that they had chopped down the coconut trees and the stands of bamboo, or cane whatever you want to call it, that during the proceedings about the markers being moved we went to the Barangay Captain which is supposedly the first course of action and he said that there is nothing he could do about it, so suggested we go the police office which is about 1000m down the road, they said that it was out of their area and we should go to the main office in the city, which we did but there we were told the officer that handles this was not in that day, so we should come back the following week.

Nothing else to do but go back home and crack a few beers and throw the empties down on the river bank, to be collected later when we win this case.

On a different note, I have bought 2 used cars from family members in Manila and both cars have proven not to have been in a flood, odometers wound back, services as stated..Win some lose some.

 

Merged topic into original 

[Jack Peterson]

Dang! just as I finished my post it got moved back here, Lost it now but in the main, all I will say is Advice is good but Due Diligence is as much and I think more important.  Asking the Right Questions presale is  the way to go, not asking leads to problems (Especially on Rights of way and access)

[Jack Peterson]

 The Spanish have a saying on Land sales and I tend to think our Locals think the same " Screw the Buyer before he screws you"

 OH! I know we have the saying Buyer beware but on Land it doesn't need to turn sour if approached with caution and as we have said there are I feel, more success stories than disasters, mainly because many did not jump in feet first 

But that is just me and mine, We are not perfect but perfectionists [there is a difference] where Big money is concerned.

 Hope all goes well 

[RBM]

Seems most problems tend to arise when people buy tax declared land. This is without doubt entering into the minefield, the attitude mentality of many Provencal people is kinda hard to fathom.

Apart from the typical relationship issues buying  in a subdivision or as Dave mentioned from a well known reputable developer should normally eliminate many of the unfortunate issues which the OP has experienced.

For me the scary part is one can never be sure, these people can come out of the wood work years later, after the house is built and try on their nonsense. 

[Gary D]

Nothing that can't be solved for 25 cents. Rubbing up the natives even if you are in the right seldom ends well.

[bastonjock]

I stayed well out of the way when it came to looking at the plot I purchased,  I relied on a few hundred photos to have a look . The gf took her mama and papa up and the asking price was 2.7 mil , they got it down to 1.8 mill , we have an attorney friend and the gf has worked in real estate,  so knows her way around the land registry , sure there is a risk involved , but it's only money hehe

I've taken @snowy79 advice and had a lease agreement written into the title deeds , and yes the budget has been blown so you guys got that right , turns out I'll have to pay for mains electricity to be run in as the nearest supply does not have the output that I want , not quite the 35k hook up fee I got quoted 

[Snowy79]

25 minutes ago, bastonjock said:

I've taken @snowy79 advice and had a lease agreement written into the title deeds , and yes the budget has been blown so you guys got that right , turns out I'll have to pay for mains electricity to be run in as the nearest supply does not have the output that I want , not quite the 35k hook up fee I got quoted 

The lease written in is a must.  It might not make it 100% squeeky clean but it'll mean the owner can't just take out a loan on the land or sell it on etc unless to someone who hasn't a clue.

People and the government are making it slightly better for future buyers with a lot of titles now being digitally recorded so you can check them over at the click of a button.  There's still a long way to go but it's getting there.

I've had some serious eye openers since arriving, everything from attorneys putting titles in others names after transactions have gone through, buying land from under prospective buyers once they've seen how good a deal the initial buyer was getting, to foreigners buying land for their wives who they've met a few months ago, building the family home then the family turns up and pretty much forces the foreigner off of the land.

[Jack Peterson]

29 minutes ago, Snowy79 said:

foreigners buying land for their wives who they've met a few months ago, building the family home then the family turns up and pretty much forces the foreigner off of the land.

 Now that is food for thought and goes with what I have been trying to say, Cash in Pocket and Jumping in with both feet 

[stevewool]

51 minutes ago, Snowy79 said:

building the family home then the family turns up and pretty much forces the foreigner off of the land.

This is where i was burnt, i did not realize that building the family home for her father and brother and for myself and Emma to live in for the rest of our lives , yes the home is ours the family says , but the land well thats another thing, live and learn but being able to walk away to start again is important, if you have too.

[RBM]

13 hours ago, Snowy79 said:

The lease written in is a must.  It might not make it 100% squeeky clean but it'll mean the owner can't just take out a loan on the land or sell it on etc unless to someone who hasn't a clue.

People and the government are making it slightly better for future buyers with a lot of titles now being digitally recorded so you can check them over at the click of a button.  There's still a long way to go but it's getting there.

I've had some serious eye openers since arriving, everything from attorneys putting titles in others names after transactions have gone through, buying land from under prospective buyers once they've seen how good a deal the initial buyer was getting, to foreigners buying land for their wives who they've met a few months ago, building the family home then the family turns up and pretty much forces the foreigner off of the land.

When I spoke to one reputable land attorney in Cebu regarding the lease this is what he said.

Unless the lessor is registered with BIR as a trader and has all the Is dotted, Ts crossed the lease is useless.

It all comes down to the spirit of an agreement, if it is judged to breach the ownership act ....well its dangerous.

Guys ensure the person whom is holding the title is 100% trustworthy.......Although I know of cases recently where the foreigner has been served fair justice after a break up so much depends on the judge. Plus what they go though to get to court is financially and a soul destroying.

 

After one can be continuously looking over ones shoulder........