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should i use a damme for land and 50 year lease?

Discussie in 'Expat Section' gestart door yogavnture, 3 jun 2019.

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  1. HeyJoey

    HeyJoey DI Member

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    9 years here,
    20's of lots bought and sold during the time,
    i always work like that, if you want to buy land its the safest way available in the Philippines for a foreigner!
    If the court will rule against you it means you f*cked up the process,
    if 3 local farmers from far away suddenly decide to meet up, pay money to fill a case, and most importantly take the risk to attack the company they are assigned and lose their 2-5k a year to be part of the corporation THAT PAYS THEM! You either scam them or being played by a lawyer.
    Lawyer are grey, use them like they use you and always make them happy but involved... :o o:
     
    HeyJoey, 4 jun 2019
    #11
  2. Darran_Stanners

    Darran_Stanners DI Junior Member

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    Its not this person that you basically trust,its the family that you dont basically trust, thats your issue, take off you shoes and tiptoe silently around to a library an independent lawyer, not from your location, preferably one recommended on this forum, tell him all you have done, they will find away to best protect you, if you have indeed put up the funds to purchase this then you have lost it already, and can only grab with the grip of a drowning man,to get some breed of security, again its not the woman involved, its her family thats your biggest worry, they can indeed legally claim it in the event of a curveball......................the last thing you should do is let the family on that land, for if so they will put up a statue of you, dont ever hand them anything for nothing, they will only just relax,and wait for you to buy the posts, the nails, get someone to put up the fence, then you will have to lay the eggs, the chicken wont lay.
     
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    Darran_Stanners, 4 jun 2019
    #12
  3. Rye83

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

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    Ok. You have 100% been breaking the law for 9 years and getting away with it (no matter what your lawyer is telling you). You are taking advantage of and manipulating poor Farmers into signing contracts they don't fully understand. This is also violates contract law and is a separate crime all together. I guess if it works for you then...more power to you I guess? Personally, I have higher moral and ethical standards.
     
    Rye83, 4 jun 2019
    #13
  4. Dutchjob

    Dutchjob DI Member

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    Is it only me who is questioning this post? I dont believe anybody 'buying' land like this, basically giving away this money.

    My guess is this post is to provoke some respons...
     
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    Dutchjob, 4 jun 2019
    #14
  5. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    And would you believe that people send their entire life savings, sometimes hundreds of thousands of USD, to a person who told them online they would receive back millions? ANYTHING is possible.
     
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    Notmyrealname, 4 jun 2019
    #15
  6. hawk263

    hawk263 DI Forum Adept Blood Donor Veteran Army

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    From personal experience I can say that:
    You can buy land, in the name of a Filipina (usually your so)
    You can lease that land from her for 25 yrs + 25 yrs by mutual consent
    She should sign lease, SPA, Affidavit of Undertaking
    You can own a building on that land
    You can sell the land + building to another Filipino under the SPA.
    That sale will be upheld by the Court Of Appeal as the end result complies with the constitution. This is a consistent ruling by the Supreme Court. (I have posted this before with reference to existing cases)
     
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    hawk263, 4 jun 2019
    #16
  7. Liverpool fan

    Liverpool fan DI Senior Member Showcase Reviewer

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    For sure but funny to see the reply, if a person asks like this no matter there is no help anywhere haha
     
    Liverpool fan, 4 jun 2019
    #17
  8. furriner

    furriner DI Forum Adept Restricted Account

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    Perhaps. There was a time in the 80’s when Japan bought out many US properties before their long recession. Some people were alarmed; I think they still own Rockefeller center. In the US, a lot of the land is foreign owned today but there is zero desire in the US to keep American land for Americans. After all, who cares? Foreign Land ownership does not automatically mean forfeitIng sovereignty. The land us still part of the US no matter the nationality of the person whose name is on a Title or deed. In Smaller land-area Asian countries like the Philippines, the stated concern is that there will be little land left for Philippine citizens. I’m not so sure about that. For one thing, all land developed in the Philippines is not the same as all land in the Philippines. Also, they may be greatly exaggerating the demand. I see fairly brisk sales activity for certain foreigners but it is not super desirable as you might see in certain places in the West that allows foreign ownership. I think a big problem is that it really harms investment from the West but then again, this is the Philippines and perhaps people here don’t want to be a major global economic power.
     
    furriner, 4 jun 2019
    #18
  9. Liverpool fan

    Liverpool fan DI Senior Member Showcase Reviewer

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    There is a difference between buying Rockefeller center and place/house for living. I understand The Philippines need to protect them self against that foreigner owns all land. One way to do it is, you need to live in the place you buy, then all land will not be on foreign hand
     
    Liverpool fan, 4 jun 2019
    #19
  10. SkipJack

    SkipJack DI Senior Member

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    Hello @hawk263 ,
    Please post the reference to existing cases that you mentioned. I searched through DI and did not see any cases that supported your position.

    I think you are correct that the lease combined with the SPA protects your ability to represent the owner regarding land use for the duration of the lease.

    I do not believe that you can sell the land.

    I made an effort but was not able to find the posts you referred to.

    Here is a thread on the matter in 2018:
    https://dumagueteinfo.com/board/threads/power-of-attorney-land-ownership-control.39678
    Another 2018:
    https://dumagueteinfo.com/board/threads/long-term-land-lease.31315/
    Another 2014:
    https://dumagueteinfo.com/board/threads/lessons-learned.10586/

    None of these support your position that you can sell the land.

    PS: @Rye83 Are you asleep at the wheel? You agreed with this post. Aren't you the guy that keeps saying that foreigners cannot act as owners of property?
     
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    SkipJack, 4 jun 2019
    #20
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