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Beach front property, shoreline with seawall - law problem?

Discussion in 'Property Development' started by Limedom, Nov 26, 2020.

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  1. Limedom

    Limedom DI New Member

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    Hi. I would like to know if what law will help me to my problem.
    I bought a beach front property before. And to avoid land corrosion, the local government constructed a seawall in front of my property around 10meters from my property. Now due to no one is living there for years, when we came for a visit. we found out that there are people with there private property resort in that peace of land. We ask them that they should leave but they're answer to me is they bought the Rights for it. What should I do??? Thanks
     
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    Limedom, Nov 26, 2020
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  2. Rye83

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

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    You should hire an attorney.
     
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    Rye83, Nov 26, 2020
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  3. Philpots

    Philpots DI Senior Member Restricted Account

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    First I think you should ask to see Title permitting them occupancy of that piece. I also find it strange that the local authorities paid for a sea wall (A million pesos or more?) to protect a private property and erect it 10 metres in front of your property which obviously from your description does not provide title up to the high tide mark shore line? Who owned that 10 meter strip when you bought your property?
     
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    Philpots, Nov 26, 2020
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  4. Cerne

    Cerne DI Forum Adept

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    Did you buy this? Or did a Filipino buy it? Or do you just ‘own’ the corporation that bought it. I’m no expert, but the laws on foreigner property ownership have you at a disadvantage right away. Lawyer up.
     
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    Cerne, Nov 26, 2020
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  5. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    A good example for why not to leave a property completely unsupervised when away.
     
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    Notmyrealname, Nov 26, 2020
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  6. mykajabi77

    mykajabi77 DI New Member Infamous

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    Time to lawyer up big time my friend.
     
    mykajabi77, Nov 26, 2020
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  7. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    I note you make opinions here. You are so like me.

    Even though in your case you simply repeat two previous post suggestions. :smile:
     
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    Last edited: Nov 27, 2020
    Notmyrealname, Nov 27, 2020
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  8. OP
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    Limedom

    Limedom DI New Member

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    Actually my property is near the seaport for small fishermans around 100meters. The 10 meter strip should be not owned by private person because its part of the beach shore. Also when i check my land title, its very clear that in my front is main road and at the back is seashore.
     
    Limedom, Nov 29, 2020
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  9. Rye83

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

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    You haven't answered some important questions here. You keep saying "my" property. If you are a foreigner there is a 99.999999% chance that it is not "your" property in the eyes of the law. Is your name, and your name only, on the title? If so, and you are a foreigner, you will lose in court. You may win some lower court decisions but you will eventually lose on appeal. The supreme court has made it perfectly clear foreigners cannot own (or control land through any legal loopholes) more than 40% of any property. There are possibly a few exceptions that would give a foreigner 100% control over property for a limited time with inheritance laws but aside from that it just isn't legal.

    So, is the title under your name? Without knowing this bit of information this conversation is completely pointless.
     
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    Rye83, Nov 29, 2020
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  10. SkipJack

    SkipJack DI Senior Member

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    I don't know.
    I disagree. This conversation is not "completely pointless". The issue is about the neighboring land. Not the land he is residing on. It is reasonable to assume that he has an interest in the property he resides on. A lease would be enough to give him legal standing.

    The OP did say "when we came for a visit". It is reasonable to assume that "we" includes a citizen wife or partner who has legal standing here. The issue is the neighboring property. It is not our place to interrogate him as to his interest in "his" (or owned through a partner) property.
     
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    Last edited: Nov 29, 2020
    SkipJack, Nov 29, 2020
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