Best Posts in Thread: beach front property, shoreline - law problems?

If I’m a foreigner I would rather rent a house on monthly basis during first 2-3 years in Pi, if the gf or wife behave nicely then I will donate all my belongings, house and lot, cars and etc.The law sucks! 99.99% all is possible for getting a bribe..its time consuming to do all the due process of Its more fun Law... and going to court hearing is like getting a Chemo!

If you are on leasing a land and build on it then, you may register the building/house under your name, this is an effective move to secure yourself not to be evicted legally when your GF or Sexy wifey becomes sour. But, to be square you can also make a testament stipulating that incase you go over the rainbow bridge she can claim some of your assets and the rest well goes to anyone you like including me..

Now for the beachfront, I had 2 beach properties under my local name(not married on that time) both had troubles, we built a jetty but it becomes public, kids comes and adult stole the hardwood plank bolted on copper nails. The other beachfront had worst! An expat claimed a portion of the beachfront even without legal documents all the government agencies told him that his titled land has no beachfront but still he insisted and yes the war started! Another fun in the Philippines!

Another thing to consider of owning properties is the taxes! There’s 12-40% increase yearly and plenty of donations blah blah blah, There’s no way to make money here! You provide jobs to the locals, you feed and educate families but then again it sucks and hurts at the end… I may sound so negative here but this is only a slice of my experienced, the rest were happy endings.

 

The only time they are happy is when you are paying the excessively high prices for their land, then they are sad when they find out that their friends and family are all asking the same prices.. and they start an argument that the land is really only worth P150 sq/mtr.when they want to buy some more with the windfall they got from you..

 

thx guys...i confess, the sentence
"If the offender is an alien, he shall, after service of sentence, be deported immediately without further proceedings in the Bureau of Immigration."
made me a little bit scared to be a proud beach property owner in future. no matter, never wake up sleeping dogs. hope it is just a thread and not a big thing in future. might be a back door for the government to kick out foreigners in future. as i know, not all filipinos are happy with the presence of so manyof us here in this area.

 

The implementation of laws here suck. Like Dustin said "they only apply if you p*ss off the wrong person and don't have enough money to bribe your way out of a bind." Unfortunately this law also puts a foreigner in the cross hairs like a few other laws here (including using the senior discount card illegally) . Sometime they will realize that they will wake the sleeping dog and get bitten when the next natural disaster happens. The whole world has natural disasters but only here they are bigger problems because nothing is anticipated, and they is just too much money to made off a natural disaster and the good will of foreign people/nations who help

 

I think the point of the law is the public has access to the beach in front of your house from the public access area to the beach, not a requirement for you to leave a public trail through your property.

 

The property you are buying will be clearly defined and survey posts known to you. Everything else between you and the ocean belongs to the government. The DNR (dept of national resources ) is responsible for the foreshore rights in front of the property you are looking at.

You can not build a permanent structure on the beach in front of your property... Nor can you block access to the land in front of your property from anyone. You can build a temporary wooden structure (nipa/bamboo hut) but you have the responsibility to ensure the locals do not turn it into a booze can at night.

I have owned 3 properties in San Miguel Bacong in the last 7 years, cleaned up and enjoyed the beach, had no trouble with the neighbors and have always had a great place in the sand to hang out....

 

I think Filipino's are at greater risk of getting ripped off by Filipino's than foreigners. At least foreigners have the resources for legal help and to defend themselves.

As with any legal questions, it's best to seek out an expert. Find a lawyer who specializes in real estate law.

 

I was at a friend's house yesterday on the beach in Bacong. They have a fence and retaining wall facing the beach. I believe there are public accesses and beaches at the end of many of the roads that go from the highway down to the beach in Bacong providing public access..

 

to work out my point a little bit more, here two links to the "Free access to the beach act" . maybe some beach property owners are not aware of the troubles that this act may cause for them. or is this the reason why so many resorts / beach propertys got sold?
just 3 quotes from the original law:

A public right way of not exceeding six (6) meters adjacent to the foreshore land shall be ensured.

SEC. 4. Structures built on foreshore land, including all fences, revetments, jetties, causeways and similar buildings shall not impede public access to and from or across the shore area. Provided, That all structures already in place which obstruct public access or prevent the exercise of the public right of way to the beach shall be removed by the property owners and operators of the beach resorts and hotels, at their own expense.

If the offender is an alien, he shall, after service of sentence, be deported immediately without further proceedings in the Bureau of Immigration.

means, they can kick me out of the country if i not grant access to the beach for the public?
in my case, the neighbour property have huge sea walls. my property would be the only one with sand beach, and it is actually well attended at the week-ends.


Request Rejected
Free Access to the Beach Act — The Philippines Travel
[DOUBLEPOST=1424139450,1424139221][/DOUBLEPOST]from the house of representatives 2011

Solon wants beaches to be open to the public

The public may be soon allowed to use any portion of the beach in any part of the country under a bill banning resorts and hotels from collecting access fees from the people.
Rep. Erico Aumentado (2nd District, Bohol) authored House Bill 4131, which will require operators of beach resorts, hotels and similar establishments adjacent to foreshore lands to give public access to the beach area.

Aumentado said most beach resort owners in the country do not allow non-paying citizens to pass through the vicinity of their resorts and hotels to get to the beach to swim.

There are some establishments that impose fees so people can have access to the beach in front of their resorts or hotels, said Aumentado, Chairman of the House Committee on Ethics and Privileges.

The bill provides that owners of beach resorts, hotels and other properties including lessees of lands adjacent to shore areas should guarantee and provide the free public access to, and full use and enjoyment of, the beaches and nearby coastal waters, whether for livelihood or recreational purposes.

"People should not be deprived of this very basic right. The Philippines is known for its beautiful and breathtaking natural sceneries and recreational resources. Of the various recreational places, the beach is the most frequented by our citizens and tourists alike. Aside from recreational benefits, it is also the place where fishermen get their means of livelihood," Aumentado said.
"The public was prevented free access to these resources due to the proliferation of beach resorts and hotels near the beaches and shores," Aumentado noted.

Under the bill, property owners or operators of beach resorts, hotels, and similar establishments should ensure the public with free access and a 6 meters right of way to beaches and shores.
Violators face 6 months to one-year imprisonment and a fine of not more than P50,000.

The bill mandates the local government units (LGUs) to implement provisions of the proposed act and shall issue an ordinance requiring all property owners and operators of beach resorts and hotels to provide and warrant free access to the beach.

SOURCE: Media Relations Service, Public Relations and Information Bureau