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Buying a residential land with "rights" only

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Hi everyone! Just seeking some advice..We are planning to buy a residential lot but no title other than "rights" only in the Philippines. I  am just wondering what are the documents that I should require from the seller(seller is a relative of mine) as proof of ownership later on.. Any input is highly appreciated! 

 

God bless!

 

Leaper

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 What do you mean you are buying a lot... "rights only" ?     You buy land in the Philippines you get a deed same as in the USA.    You don't receive a deed, then you didn't buy any land.

 

Proof of ownership ??    Land Title Deed in your relative's name.

Edited by Hank_

Hank

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Our house is built on land with this kind of situation and my fiance always tells me to not worry about it but when she tries to tell me how we will get the title it really doesn't make much sense either. It was cheap, the house we built was pretty cheap too and the town approved us and we got electricity after jumping through all the hoops too. I don't worry about it too much because this entire area with dozens of houses are in the same situation but who knows haha.

 

Here is a thread about something like this: https://www.philippines-expats.com/topic/21600-land-rights-vs-title/

 

Also, from what I've read lately, the entire Island of Boracay is owned by the government (or at least they've claimed that the government owns it) and the use of the land by all those resorts, restaurants, shops etc. is a "rights" deal just like this. They did shut down the entire island to anyone who doesn't live there so maybe this could happen to anybody. I don't really know for sure if that is true but what is definitely true is that buying property in the Philippines and even having the title to the land doesn't really mean that you won't find out later that somebody somewhere has a paper from 100 years ago that says that they actually own the land that you thought that you owned.

Edited by lolhahaha
additional info

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8 hours ago, lolhahaha said:

Our house is built on land with this kind of situation and my fiance always tells me to not worry about it but when she tries to tell me how we will get the title it really doesn't make much sense either. It was cheap, the house we built was pretty cheap too and the town approved us and we got electricity after jumping through all the hoops too. I don't worry about it too much because this entire area with dozens of houses are in the same situation but who knows haha.

 

Here is a thread about something like this: https://www.philippines-expats.com/topic/21600-land-rights-vs-title/

 

Also, from what I've read lately, the entire Island of Boracay is owned by the government (or at least they've claimed that the government owns it) and the use of the land by all those resorts, restaurants, shops etc. is a "rights" deal just like this. They did shut down the entire island to anyone who doesn't live there so maybe this could happen to anybody. I don't really know for sure if that is true but what is definitely true is that buying property in the Philippines and even having the title to the land doesn't really mean that you won't find out later that somebody somewhere has a paper from 100 years ago that says that they actually own the land that you thought that you owned.

Called a - Squatter village.  If a structure is built on land the person does not own (and has no permission from the deeded owner) that makes him a squatter.   There are numerous squatter villages throughout the Philippines, most of the land used by squatters is government land, meaning the people have no legal right to the land, if the government decides to use the land kiss your house goodbye.   I know of three squatter villages around our home in the Philippines (yes we do hold clear title to land), any one of those villages could be bulldozed in the blink of an eye and the people have no recourse... because they DON'T own the land.

 

This link more or less explains methods of transferring ownership, and you will note all the processes result in a deed.

http://www.tubigon.gov.ph/services/municipal-assessors-office/transfer-of-ownership-of-tax-declarations/

 

There is a correct way and a wrong way of acquiring a title to land/a deed in the Philippines.  The correct way does not result in someone laying claim to the land 100 years from now (2-4 years after acquiring the deed it is possible ... IF, IF ).  The Philippines uses a Torrens system of registration of land, this system has certain safeguards built into it with time limitations for claims to be filed against the rights of ownership to land.   Most common reason for a badly issued deed is fraud.

 

https://batasnatin.com/law-library/civil-law/land-titles-and-deeds/1353-purpose-of-the-torrens-system.html

 

If you are given "rights" to use land from the deeded own, that might be a land lease ;)  .   If you have no documentation from the deeded owner of the land allowing you to build on the land .. that is a squatter.   Squatters do "create documents to sell their land/house" but in reality all they are selling is the structure because they don't own the land.  

 

The Philippines does not have Adverse Possession for laying claim to land.

 

With Boracay the island is government owned (according to the supreme court), those that built there might have documentation from the government allowing them to build on the land, but they don't own the land .. and many I would bet don't have permission from the government which makes them squatters.    ... blink of a eye   *poof*

 

Bottom line, if you don't hold a deed without encumbrances, you don't hold a clear title of ownership.   

 

 

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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Don't do it. It's going to be a headache. These properties with "rights" only are government owned lands and there is a huge risk of titles not being granted. You may need to go to court to overcome the challenges but even that is not a guarantee. If this is in the city, it's most likely an area squatted illegally by many and is most likely a shanty town. I doubt you'd be ok with that.

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