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beach front property, shoreline - law problems?

Discussion in 'Property Development' started by tuba-coma, Feb 16, 2015.

  1. tuba-coma

    tuba-coma DI Forum Adept Showcase Reviewer

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    hello, i am new in this forum, please excuse my miserable english, i am from germany :-)
    i have an opportunity to buy a beachlot for the usual expensive price of 3000p/sqm, but comparing to other propertys on the market it is a a really nice location in bacong, about 1000sqm, with a sand beach. the title shows the beach as a shoreline.
    i am aware of the many traps while buying property in the philippines, apart from the fact that i cannot own the land a s a foreigner, but buying beach land seems to bring some more special aspects in this adventure of buying land here. .
    to keep it short, does anybody know about the (new) law of easing public access to the beach, specially how this law is practiced here in negros / dumaguete / bacong? are there or will there be changes in future? also some new suggestions from the government conc. restricted building permissions for beach property after yolanda gives me food for thoughts. does anyone know about plans / restrictions in the bacong area, actually or in future? sharing any information or experience would help me, I already start to worry that i not even get a permission to build a house there and the property offer is a scam.
    thx and a great evening to all
     
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  2. OP
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    tuba-coma

    tuba-coma DI Forum Adept Showcase Reviewer

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    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
     
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  3. OP
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    tuba-coma

    tuba-coma DI Forum Adept Showcase Reviewer

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    small update after visiting land office in bacong and duma ... noone seems to know anything about the "free access to beach act". people there say, buy the land, put up a fence, and there is no problem if there is another beach access nearby. good news, so far.
    maybe germans think too much :-)
     
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  4. PatO

    PatO DI Forum Luminary Highly Rated Poster Showcase Reviewer Veteran Marines

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    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..
     
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  5. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    .....or some people don't think enough. Good information on the property issues though. Thanks for sharing and posting what you have been learning! Seems like those property laws work much the same as all the other ones: 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.
     
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  6. PatO

    PatO DI Forum Luminary Highly Rated Poster Showcase Reviewer Veteran Marines

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    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.
     
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  7. OP
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    tuba-coma

    tuba-coma DI Forum Adept Showcase Reviewer

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    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.
     
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  8. andiflip

    andiflip DI Senior Member

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    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..
     
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  9. Dave & Imp

    Dave & Imp DI Forum Patron Highly Rated Poster Showcase Reviewer

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    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
     
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  10. camote

    camote DI Junior Member

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    How any alien ( Foreigner) how can not buy land in the Philippines can be deported (If the offender is an alien, he shall, after service of sentence, be deported immediately without further proceedings in the Bureau of Immigration.") for something he cant buy or own except true inheritance. A Philippina/o is always the owner of land. And even you lease the property there is still an land owner.
    Except the 20 meter government protected part from high tide where you cant officially build concrete structures, I don't know any other laws implemented jet.
     
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