Dumaguete Info Search


Suggestion LAND REFORM

Discussion in 'Dumaguete City' started by Notmyrealname, Apr 24, 2017.

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  1. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    I am new to The Philippines and a guest, so I have no rights to demand anything other than my human rights (lol).

    So it is merely a suggestion that so many problems could be solved, to the betterment of the people, if there was a fundamental reform of land rights. I see potential lots full of rubbish, part completed houses and such complex family issues over ownership of property that even Stephen Hawking would be perplexed to sort them out.

    Does this benefit anyone other than legal firms?

    There will be experts on the forum who know better than me on this issue, but I would start by forcing the sale of land that is not in full use. I know there is a danger that it could force the sale of all land but this can be overcome by local authorities selecting zones based on how well maintained the property is (that may be one factor to determine 'full use') and its suitability for development. The price would need to be set based on location and other value-factors and the various owners would have to receive their correct share of the proceeds. In the event of disagreements an attorney would apportion the percentage of each person who has a legitimate claim. This would have to be done within a set time frame to avoid disgruntled part-owners dragging it out ad infinitum.

    Once the excess amount of unused land is 'corrected' there could be a return to sensible market forces and measures to avoid the splitting of property between so many owners (reform of inheritance would also be needed).

    For a country with a growing population it does not make sense (and is not very aesthetic) for huge areas of unsightly and unused land to be ignored for lack of will.
     
  2. Rye83

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

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    It has been screwed up (by Western standards) for a very long time and I doubt it will be fixed any time soon. They take clan/family very serious in the Philippines (and much of Asia) and any reform to the land laws would threaten the hand-me-down/keep-it-in-the-family status quo. They care not about making things easier or more civil for anyone outside of their own clans/families. /opinion
     
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  3. PatO

    PatO DI Forum Luminary Highly Rated Poster Showcase Reviewer Veteran Marines

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    Agree, blood is thicker than water in the PI.
     
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  4. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    Like Spain , Italy & Portugal it will need a Change in the Constitution to get any results and I am not sure any of us are Young enough to ever see this happen, Spain and Italy only Changed their Constitution to gain Entry into the EEC Portugal because they were Broke(Insolvent) Now that is another Story for telling one day :sneaky:
     
  5. Dave & Imp

    Dave & Imp DI Forum Patron Highly Rated Poster Showcase Reviewer

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    The stories I have heard about ownership battles over land are amusing and amazing. That is one of the primary reason I would probably never consider buying land. Too many times I have heard that a distant previous clan relative arrives on the buyer's doorstep (usually after improvement like building a house has been completed by the new owner) claiming a percent of the ownership and demands "their rights" for their fair share out of the new owner. Honest clear title are hard to find
    Recently I meet a young couple on their way for the final meeting to Siquijor to finalize the purchase of a piece of property to complete their life dreams of starting a homestead/family farm. Upon return when asked about their new purchase, they replied the ownership signatures on documents were forged (and probably notarized too) for some of owners involved. They stopped the purchase. We all know who would have paid/suffered for that scam. I just do not want to wake up in a cold or warm sweat some morning, wondering if what I paid for I actually own, or if some stranger will arrive on my doorstep someday demanding additional money.
    I came to the Philippines for peace, not stress. When I need stress I drive in the Philippines... :o o:
     
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  6. Dr. Shiva

    Dr. Shiva DI Senior Member

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    This is why even clean titles have to be checked with DENR and HLURB. But even this is not a 100% warranty that everything is ok. A sort of additional protection will be a contract where the seller takes responsibility for all possible upcoming troubles and land disputes.
     
  7. DELETED-shotshapers

    DELETED-shotshapers Guest Guest User

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    Oh man, I could give you a few personal examples ( my eyes have been opened to beyond ever closing), so much so when it comes to buying something, you might see a Lee plaza tag on something in Robinsons,

    Brothers and Sisters forging land documents on each other, and having them notarized, and then sold, just pissing on their parents graves, of course never on a SUNDAY
     
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  8. cabb

    cabb DI Forum Patron Highly Rated Poster ✤Forum Sponsor✤

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    Is there some kind of statue of limitations on something like this? Speak within X years for forever hold your peace.
     
  9. Rye83

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

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    Depends if they are related to a lawyer or a judge and how high in the court system it gets taken.

    The answer seems to be "10 years"....but that depends on several factors:

    Note: "this court" quoted above is the Supreme Court.

    Seems that if you have possession of the land and are living on it you should be clear after 10 years (if you are once removed from the fraudulent sale). My brain isn't working all that well this morning so I could be very wrong about that. As always: don't mistake anything I say for legal advice. It's not.
     
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    Last edited: Apr 25, 2017
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