Best Posts in Thread: Permit to cut coconut trees

My Attorney who deals in Land matters has insisted that once we (my Wife) gain the Title in hand, she will draw up a Will between my Wife and I to protect both our interests in the event we either separate or one of us passes away.

As explained to me; if my Wife passes away before myself, then I will inherit the Land, but only until such time as I either transfer it into our Daughter's name, or sell it to recover my outlay. I will not own the Land even via Inheritance, it only buys me a set amount of time to transfer or dispose of the land to another Filipino as I am a Foreigner and cannot legally own the Land.

If our Daughter passes also and I am the only surviving person, then I will Inherit the Property, but I must dispose of the land to another Filipino and have a certain period of time to do so otherwise I will lose it. That is how I interpreted what was relayed to myself and my Wife via our Attorney.

 

It is the same when you build your home...no one will ever stop by to inspect anything. Someone will stop by once you are done to assess your property taxes though.

I'm not advocating you ignore things and just cut them down; but as other folks have said if you can show they are in the way of your future house/landscaping then it should not be an issue to get the permit to cut them down. Like most things, I assume it will take some time to get everything in order.

Shawn

 

A known situation which tells us what the reality is. So we can know the law here, or its many variants, but must not expect it to come to our aid.

 

Technically true if no children or parent left alive but in reality it doesn't work. Your missing the most important unwritten law which states *The foreigner is always wrong*.

Back in Cagayan de Oro many years ago before I moved to Dumaguete I had an American friend who was known in the foreigner community. He and his wife of course had a house and land. The wife had cancer and he was in Cebu with her for a month until she passed and then stayed to take care of bills and to arrange for her body to be moved back to CDO for the burial where her family was from. As soon as she died before the warmth even left her body her family moved themselves into their house and they had keys to help manage the pets while Max and his wife were in Cebu. They refused to let him in when he returned and refused to leave the property stating that she was their blood and he was just the foreign husband. He proceeded to take them to court and for 2 years they fought over the house which by the law was his as they had no kids and the wife had no kids from before him and the parents were dead. The courts just kept delaying endlessly for 2 years and now and then he lost a lawyer because the family paid the lawyer to delay the case. Eventually he died living in a small apartelle 2 years later while the case was still not going anywhere.

Many of the other foreigners suggested he just get in a few thugs from Illigan to *evict* the family one way or another as the sad truth it was the only way he could have gotten his house back. He didn't though. Just hope karma caught up to all of that family later on.

 

Brian ask your attorney about getting a USUFRUCTORY Right to the property. It is a right that your wife can grant to you and will allow you to live on the property after her death. No one can legally force you to move out or sell your share of the property.
My wife gives me ausufructory right to our home in case any of the heirs get pushy to have their share.
Ask your lawyer.

 

I asked Congressman Sagarbarria's wife (she is family), and she said that you must first get the permit from the city environmental and natural resource office (if within city limits) and state your reasons why you wish to cut down the trees. She said you must have good reason. After that, take it from there. I don't think this shed any new light on whether or not you can plant other types of trees in place of the coconut trees, however, I did ask that question. Sorry, this was all the info I got from her.

 

as I understood the guy from the DENR, even when I planted the trees by myself, I need their permit to cut them down - in theorie they inspect your land and create a list of all your trees, in reality in my life nobody ever showed up...

 

you need a permit from the PCA to cut coconut trees. as we got it, there were no instructions to plant new trees. maybe it has sth to do with the status of the property; if it is agricultural or residential. for all other kind of trees, the DENR is responsible. they give you a certificate of tree plantation ownership. don't cut anything without their permission, or you might get deep into troubles. you need an additional permit if you want to transport the wood to another place.

 

Like many have suggested to the OP...go through the process for permits to remove the trees.