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need legal direction / help in land issue

Discussion in 'Dumaguete City' started by ChMacQueen, Apr 22, 2019.

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  1. furriner

    furriner DI Forum Adept Restricted Account

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    I am not a lawyer but I have been involved in land and to my knowledge, no law has ever been decreed that usurps the ownership rights of the titleholder. However, the owner’s options as to what he may do with the propert are another issue. Chances are, if people have been “informally squatting” there, the big issue will not be land ownership; the titleholder clearly owns it. The land owner’s problem will be evicting the people living there. People who buy land either 1) ensure nobody is living there or 2) they decide to buy the property and gamble that they can convince to informal “settlers” to move. They may pay a reduced price for the land because of this. It may be that the landowner will offer a small settlement to get them to leave voluntarily but Philippine law will not permit him to come over with bulldozers and plow down their homes as we see sometimes in other countries. Talk to a lawyer who may advise on the squatters’ rights. Also, I understand that the squatters may be entitled to free legal representation. A prescriptive lien may be involved since they lived on the land more than 7 years, possibly giving them the right to stay and never having to pay taxes (the landowner gets to do that). And yes, as a foreigner, best to stay out of it as your presence in court hearing etc.. will not be appreciated. However, it looks like a large company is involved, not an individual who might lose face. Land disputes between individuals can shorten foreigners’ lives.


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    furriner, Apr 25, 2019
    #11
  2. Edward K

    Edward K DI Senior Member Veteran Navy

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    Know one friend who bought some land on which a guy had been growing some crops on part of it. As the farmer also was growing on a bunch of other lots and not living on the lot, he was willing to sign a notarized document that he was NOT a "tenant farmer." The buyer's lawyer made sure the seller obtained the document before closing on the land. Also made sure his crops were gone.
     
    Edward K, Apr 25, 2019
    #12
  3. Obliged Friend

    Obliged Friend DI Forum Adept Veteran Army

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    A Bias sugar cane planter came to my house seeking payment for land that was pawned to her. A Filipino family pawned some of their land....the planter used the land for several years. The money was a small amount.

    Yet..the planter wanted the money. She would not tell me her profit...smiling. The planter realized..the mistake visiting me.... discreetly apologized....then invited me to lunch..and I respectfully declined.

    I guess land being pawned...happens all the time...not sure all the legalities.
     
    Last edited: Apr 25, 2019
    Obliged Friend, Apr 25, 2019
    #13
  4. PatO

    PatO DI Forum Luminary Highly Rated Poster Showcase Reviewer Veteran Marines

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    As Edward suggested, Attorney Mercado gphas a reputation as the best real estate attorney. For simple matters, Attorney Nathan next to PJ’s is popular with many foreigners.
     
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    PatO, Apr 25, 2019
    #14
  5. furriner

    furriner DI Forum Adept Restricted Account

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    Yes, we used Mercado and will vouch that he is very good.


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    furriner, Apr 25, 2019
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  6. jim787

    jim787 DI Senior Member

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    A fishing village in Maslog, Sibulan, along the beach road was demolished by court order a few years ago. A middle-class residential or retirement community is being built; you can drive by and see it. Many of the former residents have relocated across the road.

    At the time, one resident complained to me that legal procedures had not been fullfilled. So many (perhaps 12) administrative signoffs are required, but only about half that number had been obtained. During the demolition, militarized police from all over the province was present in force. There was no incident that I know of.
     
    jim787, Apr 25, 2019
    #16
  7. furriner

    furriner DI Forum Adept Restricted Account

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    I think that once the court order is issued, and the certificate of finality is issued, then the administrative sign-offs would probably involve any utilities or municipal items that might be impacted. If they failed to get a permit or sign-off or two, maybe they would just pay the fines which cost nothing compare to delaying the new construction. When they are a big company, especially with connections, a few clerical sign-offs aren’t going to hold them back.


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    furriner, Apr 25, 2019
    #17
  8. hawk263

    hawk263 DI Forum Adept Blood Donor Veteran Army

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    It seems to be fairly common for someone to lease sugarcane land (already planted) for a number of years, and continue to crop it. The owners needing money for some emergency.
     
    hawk263, Apr 26, 2019
    #18
  9. Obliged Friend

    Obliged Friend DI Forum Adept Veteran Army

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    The family wasn’t leasing the land...they had to pay back the money to the planter.
     
    Obliged Friend, Apr 26, 2019
    #19
  10. Ricardo

    Ricardo DI Junior Member

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    I looked for the offices of Attny Dirkie Palma and could not find it has he moved? or does anyone have a phone number for him. Tried a Google search but couldn't find anything
     
    Ricardo, Apr 26, 2019
    #20
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