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Ownership rights

Discussion in '☋ Expat Section ☋' started by Union Jack, Sep 26, 2009.

  1. Union Jack

    Union Jack DI Forum Adept

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    Could anyone please advice me? Is there any piece of legislation in the Phils which dictates that a property might be transferred into the hands of others after they have lived in it for a number of years?
    I, as many others I suspect, have a house in the Phils but, as I'm still working abroad, I've asked a relative to occupy it, rent free, so to keep an eye and maintain (at my cost) the property. The utilities bills are to my name but paid by the relatives. Similarly, I have had a problem with other relatives in the past, occupying a piece of land i own. I ended up having to pay them to vacate the land. :mad:
    Would a rent agreement, renewable every 6 months or 1 year,with just a nominal fee, have averted all the agro or would it have made no difference?
     
  2. derivative_guru

    derivative_guru DI Senior Member

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    I hope someone more knowledgeable than me replies to you. However, I think your giving consent to the tenants and having an understanding with them, as well as it being a developed property should give you some assurance. However, given that their is no written evidence, you could easily end up in a situation where your relatives have a differing memory of the unfolding of events.

    A lease would seem like a good idea. However, a service contract (with the tenants acting as independent contractors) compensated with rent concessions may be even better. I hate to be negative, but their are draw-backs to leases as well...evictions are difficult and time-consuming and you have other potential tenants' rights issues.


    A definition of squatters from the UP Dilliman website:

    >The Lina law defines professional squatters as: “individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing. ”
     
  3. OP
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    Union Jack

    Union Jack DI Forum Adept

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    Thanks for your reply derivate guru, in my case we are not talking of squatters as they have my consent to live in the property, but as you rightly pointed out, their recollection of events may differ from mine and I might find myself to having to resolve through legal means if it was to come to that in the future.
    This is, I believe, a quiet common practice in the Phils, where expats or filipino living and working abroad buy a house or lot and ask a relative to live in it or to plant a crop. After years of doing so, the relative might have a case where they can claim ownership or an interest in the property.
    In my particular case, the relative in question has a home of his own so I should be safe.....unless he sells it to live in mine permanently, then I'll have to start worrying. As for the crop, I've paid for the plants and labour so again I should be safe....then again, we are talking about the Phils here!
    Off topic, did you read about expats whom had bought property in Goa, India, and with all relevant papers in order, being repossessed by the Regional Authority as they are long noses hence not entitled to own a thing? :eek:
     
  4. jimeve

    jimeve DI Forum Luminary Highly Rated Poster Showcase Reviewer Veteran Army

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    I take it its in your Pinay wifes name and the lot has clean title!

    if so don't worry to much about relatives prepossessing your home. Send in the heavy mob to scare them off.
     
  5. OP
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    Union Jack

    Union Jack DI Forum Adept

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    Hi Jim, yes all titles are clean titles and to my wife's name. My name also appears on it but I'm aware it is not worth the ink used as long noses cannot own a thing.....:o
     
  6. KTM

    KTM DI Senior Member

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    Better to ask a tame "land shark" (lawyer), for sure.
    However, if it's in your wife's name, your name will presumably be on the deed of sale,(if you were married at the time of purchase of the house/lot and that you actually read the deed of sale before it was notarised). This is 'prima facie' evidence of where she got the money to buy it, (unless she was 'loaded' prior to your marriage) and determines who the property belongs to, until either another, newer deed appears, or is made.
    As far as I'm aware no 'real property' can change hands in Philippines, without some form of tax payment being made (or land sharks being involved), unless it is by death of a spouse but even then, I think the BIR/land sharks would want to get their grimy hands on anything they can wangle.
    What we do with some of our properties in other areas, is pay the tenants a nominal fee per month to look after the land and they can harvest what they like, giving us a small share of what they produce. Worked pretty well so far, as they often come into town and do work for us too, with no extra charge, except food and a coupla beers.
    As far as relatives are concerned, I'm reminded of the old adage, "Keep your friends close, but your enemies(and relatives) closer!":D