⌛ Purchasing a Lot Here

Trees!

RON! last year in Spain, They have similar laws regarding Trees, A chap in Seville Did the same thing, When the owner cam to Claim the tree, he could not Move it without a Court order as all trees over a certain age, 2 years I believe are protected. His application was Denied. not sure what happened after that but YES! trees can be a problem if not added to the deeds.:(


Jack P.

 

Hello guys,

This was my case when I bought my first property in bantayan. If you want to know that the person who claim to be the owner is really the owner then you must go and check this things:

1. Ask a photocopy of the title and then bring to the registers of deed and ask for a certified photocopy. There it should appear the same name of the person who claim's to be the owner of the land. But note that asking for a cetified photocopy you need to pay. If I remember right it was more than hundred pesos. Don't forget to ask the receipt.

2. And to understand if their are improvements of the land. Then you must go to the the city asessor office and ask for the declaration of property. From that certificate of declaration of property you can compare what the owner is telling you that their are in the land and compare to what is written in the certificate. Because if there are improvements in the land you will also pay taxes on it basing on its market value. But note again that to have this certificate you will need to pay though not that much.

3. And to understand if the taxes of the land was paid. Then you must go to the city treasurers office. Bring a photocopy of the title inorder for them to locate it easyly. The certificate that the taxes was paid on time should also bear the same name of the owner of the title. Be careful that the taxes that are not paid on time will gain penalty. Again you have to pay for the certificate.

4. The major taxes that is needed to be paid are the capital gain tax and the documentary tax. You have 15 days to pay the capital gain and 1 month for the documentary tax. The date counts from the day when it was notarized. Take note that if you are not able to pay this taxes on time this will gain penalty also. Sorry but I am not sure about the days of the doc tax and capital gain. But for sure if you go to the BIR and ask how many days you have to pay all the taxes from the notarial day they should give you the right answer.

5. For the road right of way. If the owner declare that there is a road right of way then you go an ask again in the city asessors office. There, it should appear that this piece of land became a road and this will appear also in the catastal map. Or else there should be a declaration of sale between the owner of the road and the people who bought the road right of way. This should be notarized in order to acknowledge its legality. Or else you might have problems in the future. This is a very common problem with regards to a road right of way.


So if you have you land in bacong then you have to register it in the registers of deeds that is for the province. While for those who have the land that belongs to dumaguete city then you have to register to the registers of deeds of the city. The registers of deeds has a person that will review you papers. If you have all the papers correct and all taxes are paid then they should approve you papers. Then you have to pay the processing of the registers of deeds this always vary. After all this are done they should give the receipt with the date of the releasing of the title. In my case my title was released after a month. I just don't know how long does it take for the province.

Take note also that if the owner of the land is you wife since you are a foreigner. If you are legally married you can also put your name in the title. You should write in the deed of sale like this " filipina name, of legal age, a filipino citizen, and legally married to " name of the foreigner husband, of legal age, a citizen of " the country of the foreigner ". If the foreign husband desire to put his name in the title then you can do it like this.


Ok for all the informations you need you can always visit the BIR.

If their is something you don't understand about my post pls tell me. I hope this a hepl to somebody.

claire

 

ask me if you have a question. I am not an expert but I know some.

claire

 

Sounds good to Me!

:D Claire, Great input. I guess some of us Do need a lot help at times, wish I had DI at that time and not trusted Totally a Lawyer BUT we live and Learn:o I am sure there is not a lot to add to this, apart from the tree thing.

Are you sure, you are not Qualified in the Building Trade?:D I reckon you could Build and Convey your own properties. Well done for the retaining this Knowledge. At least others will know what to check if a lawyer is used. (seems you may know more that them ) specially the Foriegn Owner Bit!

Jack P.

 

I had trees removed from my lot to build on it. No problems except the hauler needed to get a permit to transfer the trees to show it wasn't timber theft or illegal logging. No previous owner showed up to claim, ouch, that would have been unpleasant and disagreeable to deal with (no trees in title).

 

Hello sir Jack,

Actually when I was still living in cebu I was already doing this job. I mean transfering of titles and many other things with regards to lands and properties and I should mention also cats and dogs if you buy them all together with the land :D. We have to remember to put all the things that you and the seller agreed. Or else this creat a problem in the future specially if you have a very clever seller. I don't want to show something bad but this is reality. Some people that I know was really cheated in a very bad way. Be sure nobody will give you back the money. There are many diffirent situation in lands and properties settlement.


The only thing that I can advise is that if you want to use a lawyer in a land settlement be sure that the value of the property is bigger than the bill of the lawyer. sorry guys I know many of you prefer to engage a lawyer for sureness. I have been doing these things for some years already. But in cebu. Though I am willing to give my service in dumaguete as well. But for now I am in italy so no job. But before when I was doing this job I prefered to see all the papers first and study it a little bit in order to understand if I am able to handle the job or not. Because some situations are too complicated. But if it is just transfering of ownership then I can do it. But all the same I need to see the papers. You know gran gran mother properties with many heirs. :D I am here to help. good day everybody.

claire

 

one thing I forgot to mention is that some land settlements can be affected by the Philippines agrarian reform laws.

 

3 hectares per person maximum. Want to buy more? Line up the relatives, as a different name is required for each 3 hectares or..... form a corporation.

 

Farms!

Does that mean then you could not buy a farm say, bigger than say 6h as a married couple? or is this a different type of Land law?
I should know but forget, How big an area is a hectares?:o

Jack P.

 

Thats not right.

My wife said that is not true. Whatever is on the land you bought is yours. If he is getting away with that he may have a currupt judge on his side or maybe the title is bad.