Land title disputes

[Snowy79]

Apologies if this should be in another section but I hope it'll open some peoples eyes to the necessity to do due diligence when looking to purchase land.

A friend that lives on Boracay island has just informed me that a security guard at Dream View Villa was shot dead a couple of days back. There's an ongoing investigation into the motive but as a local she had heard through the grape vine that there was an ownership dispute as to who actually owns the land.

I tried to do a google search to get more information and was surprised to find a history of land disputes mainly involving fire arms. Boracay is riddled with illegal built businesses and properties and in 2011 the National Commission of Indigenous People awarded a Certificate of AncestrAl Domain Title over a couple hectares of land. This again led to another murder over the land as another business is still trying to lay claims to the land.

Further research has shown it can be a mine field buying land as most has been handed down through generation to generation and with large Filipino families each trying to lay a claim, forged documents and corrupt lawyers.

How have members found the process when purchasing land? I'm aware it never belongs to a foreigner but the Filipino in the relationship. 

As a side note another Filipino I know had opened a store selling distilled water, gone through all the land searches etc to ensure everything was legal, then two months after opening the shop on a main road through a village received a compulsory purchase order on her land as the Government were widening the road. Her family had paid the usual land costs us as foreigners would expect to pay yet the Government's remit is only a fraction of the land cost and there's nothing she can do about it.

 

[scott h]

13 minutes ago, Snowy79 said:

I'm aware it never belongs to a foreigner but the Filipino in the relationship. 

Welcome to the forum Snowy. Yep, two quick ways to get into trouble here. Get into a land dispute, and get involved with Drugs . Its not just in the provinces either.

Here in Manila there was a pitched gun battle between two large land holding companies. Each had their own security guards try to secure a high rise condo building, and the security guards go into a gun fight.

It has been said many times on this forum, in many topics by many members. If your going to buy land spend the money to have a GOOD title search done. If there is even the hint of a problem. Walk away.

Again, welcome to the forum.

[mogo51]

Welcome also Snowy.

[robert k]

There is no title insurance in the Philippines. You buy at your own risk.

I made a cursory search one time trying to help someone else who wanted to buy and I couldn't find a law on quiet title either. Your grandkids (or significant other's) would literally would be open to suits from peoples great great grandkids if there is no way to gain title beyond dispute. Worse they would be cotenants entitled to use all of the land, just not sole use unless and until you could bring a partition suit.

Best just not to get involved and if you do, go in with your eyes wide open.

Welcome.

[Jollygoodfellow]

2 hours ago, Snowy79 said:

As a side note another Filipino I know had opened a store selling distilled water, gone through all the land searches etc to ensure everything was legal, then two months after opening the shop on a main road through a village received a compulsory purchase order on her land as the Government were widening the road. Her family had paid the usual land costs us as foreigners would expect to pay yet the Government's remit is only a fraction of the land cost and there's nothing she can do about it.

I think that is the same in most countries. 

[Dave Hounddriver]

4 hours ago, Snowy79 said:

 I hope it'll open some peoples eyes to the necessity to do due diligence when looking to purchase land

Good topic.  It is a problem that will only get worse as more people come here wanting to buy land.  Perhaps that is why many expats with a beautiful beachfront property on a tropical island in Philippines also have an armed guard patrolling it? You don't always see the armed guards during the day but go back and have a look after sunset.

[RBM]

To the OP one of your questions was how members have found buying land to be.

Well guess the main  reasons we decided to buy in a sub division was the ease of obtaining a title, safely and quickly. To be honest it was the last place I envisaged living as love the private wide open spaces. We had titles in around 6 weeks. 

The Philippines is full of land deals gone sour, probably every member knows of at least one case, I know of several. Not saying a sub division is fool proof, personally believe far safer ( if the developer is reputable ) than to buy elsewhere.  

In our case the sub division is less than a quarter built on, so hoping will stay this way for a bit.

[Snowy79]

It's certainly a mine field as far as titles go. Even a friend I know who's family have lived on the same plot of land all their lives are going through a dispute with an aunt who is now trying to lay a claim to the land. Unfortunately in the Philippines a lawyer is beyond the financial reach of most locals but a bullet isn't.

 

[sonjack2847]

15 hours ago, RBM said:

To the OP one of your questions was how members have found buying land to be.

Well guess the main  reasons we decided to buy in a sub division was the ease of obtaining a title, safely and quickly. To be honest it was the last place I envisaged living as love the private wide open spaces. We had titles in around 6 weeks. 

The Philippines is full of land deals gone sour, probably every member knows of at least one case, I know of several. Not saying a sub division is fool proof, personally believe far safer ( if the developer is reputable ) than to buy elsewhere.  

In our case the sub division is less than a quarter built on, so hoping will stay this way for a bit.

Yes I know 2 people who went through the process and they are now having disputes.A subdivision seems to be a safer bet.

[mogo51]

As has often been said on this forum, renting seems to be the safest form of 'ownership'. If you pay your rent you are usually safe.