I understand the process to convey a title from the original owner to the new owner, but I'm struggling with what happens with respect to the house, in particular, a partially finished house. There are inspections, plans, taxes that are in the name of the original owner. Just getting the title to the land does not address these things. What is the process that updates the city government information for tax purposes, for certificate of ownership purposes, etc. Thanks.
There was a lawyer involved. Wouldn't mess with anything in the Philippines without one. I believe the line below specifies the house (improvements thereon) to be included. The questions is how does the deed of sale make it's way in to the tax systems and permitting/inpsection system for the house. That the VENDOR is/are the absolute owner of a parcel of land with improvements thereon
I am very much with Davy on this cabb, You are not exactly selling or Buying a House, your wife will be selling or Buying a parcel of land with a House or whatever on it as per your quote below If your were Leasing the land and built a house on it you could not just sell the House to anyone (unless they take on the Lease as well) [ Even then I am sure that the House will belong to the Land] as it is you or your wife that is only leasing the land and when you move on or die the House belongs to the land you have leased. When a new leaser comes along they can use whatever is on the the land they are leasing. Seems all along the way we never really go far enough to see the real big Picture, Land is what is Bought, Sold or Inherited not Houses. My will says, that on Both our Passing our Daughter will Inherit Lot number....... at so & so and the Dwelling thereon plus all fixture and Fittings. If she is not surviving it goes to the Family. [as per the Inheritance Law] One can only hope, she has her own little family then though. The Law here is so ambiguous that even the Lawyers don't really Understand it all. In reality before anyone buys, the deed of Sale should Identify all that you are buying but................. So is my Understanding at this point in time Just as an addition, a Friend bought some land in Davin a few years ago and on the Land Sat an old Tractor, the seller said that is not in the Sale. The Guys's Lawyer said then Move it Today as Tomorrow, it goes on the Deed of sale, now I think that just about sums it up
Also once the deed of sale is notorised and dated you only get 30 days to pay all the relevant taxes to the bir,this also needs to be paid through the bank. I think their are two you can pay the taxes into and get the relevant reciepts,one is land bank. Once this is done and is excepted by the bir you can then go to rod for processing of title at register of deeds. If the title is clean expect it to take 3-4 months before it is back in your name. This can all be done yourself or by the lawyer,one thing I will say is make sure the deed of sale states who will be paying all the taxes etc.
This is not a lease, I think I'm not being clear, so let me try again. When you build a house your have to deal with zoning, inspections, etc. All this paperwork is in the name of the owner. If you buy a house that has not been completed, you don't have a certificate of completion, which is needed to get a permanent power connection. You also pay taxes based on what you have invested in the house. All this paperwork is in the name of the person who started building the house. If you sell the property when it is half completed, how do you transfer the ownership, so the new owner is responsible for the taxes, inspections and getting the certificate of occupancy? Maybe the answer is you just carry on under the name of the original owner until completed? The power piece can be transferred, but what about the building permits?
I understand your situation I merely used the lease angle as a pitfall on thinking we can just buy a House. You may well find yourself in a Retrospect situation which an can get Tricky. The Link I put may tell you things and help a little but I fear it may be a boots on the Ground thing here. Unless of course, you use an Estate Agent or Lawyer. When I mentioned the Big Picture this what I was getting at. Really all this should have been done prior to your Signing the Deed of Sale, which I might add, Should have already been Registered. There is a mention of this in the Page. Transaction costs are very high in the Philippines It does not unfortunately give details of any uncompleted dwellings. A mail to Dumaguete City Engineers may throw up something for you as I have spent some time trying to get an answer for you but seems they need information ( not I or anyone else will have.) Those in the know, Civil engineers etc I have spoken to tell me that all the Permits Etc; should go with the Transfer but again as I said things get Ambiguous, To me, you really do need to talk to the Engineers at City hall for Retrospective issue Advice. Cabb I wish you well on this as it really is a minefield especially as things are now late. I also put a link about building permits that may be useful Transferring Philippine building Permits - Google Search
Thanks Jack and appreciate your previous help! I'm just pushing through. I ask the question primarily because I curious how things are supposed to work. It seems there would be some process, but as you said it's not specifically called out. There was a lawyer involved in this purchase and the deed of sale was notarized and recorded. Not sure how he would know the house was not finished without investigating. That said, it sounds like this is fairly common. I'm sure it will all work out in the end, just a few headaches along the way....
A house can be in a foreigners name (to make them feel they are worth something) but the owner of the land is the real boss. As far as applying for a title for the land use a reputable broker, the fee is anywhere from 20-30 k. Don't try and do it yourself it is extremely complicated and even more frustrating. They do everything manually here with stacks of paper piled 4 feet high. Allow about 9-12 months until you get the title (if all the supporting documents are up to date, paid their taxes, there are no signatures missing and so on).
