DAUIN HOUSE CONSTRUCTION REGULATION BEACHFRONT

caveat emptor
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Caveat Emptor
[Latin, Let the buyer beware.] A warning that notifies a buyer that the goods he or she is buying are "as is," or subject to all defects.

When a sale is subject to this warning the purchaser assumes the risk that the product might be either defective or unsuitable to his or her needs.This rule is not designed to shield sellers who engage in Fraud or bad faith dealing by making false or misleading representations about the quality or condition of a particular product. It merely summarizes the concept that a purchaser must examine, judge, and test a product considered for purchase himself or herself.

 

I've been curious if lets say someone is buying beachfront land and the seller is selling say 200sqm which was what the land title was written for. However if part of that land is now so close to the beach its now considered Philippine Government property as its the shoreline through rising water levels or even if part of that land is now actually sitting in the water how would that work? That title may now be an actual 160sqm or whatever hence price by sqm should be lower.

Wonder how the legal ends of that would play out while of course we know the owner would still demand the same amount.

 

If in the states I would suggest hiring (or telling the seller to hire before signing a contract) a Registered Land Surveyor to do a survey of the property. They will mark the corners of the property and a map of the property including easements and setbacks etc, including the area of the property.

 

You do the same thing here (except the buyer requests and pays for it) but that doesn't mean the buyer will honor the information or take it into account when the negotiations begin. At which time you run (don't walk) away from the property as fast as your feet will carry you! Yes anything within 30 meters of the water line belongs to the Philippine Coast Guard.

 

"but that doesn't mean the buyer will honor the information or take it into account when the negotiations begin."

I meant to say the seller may not honor it. Too late to edit it though... Sorry for any confusion!

 

We own beachfront property; have worked with both municipal and DENR officials on setback requirements in the local area. The rule is a 3 meter setback from the high water mark for residential properties unless local Dauin requirements are different. I seriously doubt they are since there are many, many properties on the beachfront less than 30 meters. You could just go to the Dauin city planner to verify local codes. The setback of 40 meters is for agricultural land and there is a setback requirement typically for commercial land of 10 meters. All this information is available by visiting the Dumaguete DENR office and/or the Dauin Municipal Planner.

 

If I already owned the house Dave I wouldn't let out a peep. Some questions are better not answered.