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Lot/ Land Owners: What did you do to secure Clear Title?


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tomaw

This subject has been mentioned numerous times but not as a subject in itself that I know of. My Filipina wife and I want to buy a lot in a subdivision to build our house on in a couple of years. I'd ONLY like to hear from those that HAVE BOUGHT LAND and what they did to SECURE TITLE. As a realtor in California most deals I wrote had title insurance and title claims were never an issue. In The Philippines title insurance seems non-existant. It seems that title insuance in The Philippines is like having fire insurance on land that's on an active volcano. So what did you do to buy your property and obtain clear title?

Edited by tomaw
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hagler

for me it has been a case of doing proper due diligence prior to the contracts beconing uncondiional. It is perhaps a bit easier for me to understand the titles process as tthe Torrens System is used in the PI , a system I use and work with in my professional life in Australia. The conversion of PI titles to the Torrens System was, and is as on ongoing process being aided by Australia and Australians.

 

I am not going to go into longwinded details but in all my purchases. both residential and commercial I have

 

1. made the contract condiitonal upon satisfactory due diligence beng carried out within 30 days of acceptance

2. had prior to making the offer sighted and retained a copy of the Certificate of Title and had checked the 2nd schedule for any. leases encumberances. leins .easements or caveats. etc etc. any appearances and the detail would be searched and a copy requested and studied.

3. had a surveyor check the dimensions and peg the lot to ensure it matched the details on the title.put as a condition of the contract

4, conditional precedent put in the offer that the immediate family members signed a waiver of claim to the property.

5. other clauses and terms dependant on individual property

 

there seems to be a huge degree of misunderstanding and mistrust amongst foriegn purchasers about the security of title. If the property is correctly titled and you. or your represenative understands the Torrens System then those fears should be removed as Torrens give the Title Holder security of Title.

 

Best of luck to you

Edited by hagler
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tomaw

for me it has been a case of doing proper due diligence prior to the contracts beconing uncondiional. It is perhaps a bit easier for me to understand the titles process as tthe Torrens System is used in the PI , a system I use and work with in my professional life in Australia. The conversion of PI titles to the Torrens System was, and is as on ongoing process being aided by Australia and Australians.

 

I am not going to go into longwinded details but in all my purchases. both residential and commercial I have

 

1. made the contract condiitonal upon satisfactory due diligence beng carried out within 30 days of settlement

2. had prior to making the offer sighted and retained a copy of the Certificate of Title and had checked the 2nd schedule for any. leases encumberances. leins .easements or caveats. etc etc. any appearances and the detail would be searched and a copy requested and studied.

3. had a surveyor check the dimensions and peg the lot to ensure it matched the details on the title.put as a condition of the contract

4, conditional precedent put in the offer that the immediate family members signed a waiver of claim to the property.

5. other clauses and terms dependant on individual property

 

there seems to be a huge degree of misunderstanding and mistrust amongst foriegn purchasers about the security of title. If the property is correctly titled and you. or your represenative understands the Torrens System then those fears should be removed as Torrens give the Title Holder security of Title.

 

Best of luck to you

.......... Thanks! That's more information than I was hoping for. I'm not familiar with The Torrens System. I'll see if there is a web site to educate myself on it.
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goldote

I think Torens the best title worldwide.  I've seen roads diverted cuz of them.

You don't see it much because of loans and mineral rights.

The only stronger title is an act of war/strong arm take over.

PI 'sales' ,squatting laws, inheritance and millions of error options make getting clear title very difficult.

Many do accomplish it.  I think it's best if your original 'clear' title was written in Spanish.

My wife does it by finding a trustable non family friend who had experience doing her own. 

It took her 19 years to find such a friend.  She hopes to get 'ours' this year.

 

http://www.lra.gov.ph/

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tomaw

I think Torens the best title worldwide. I've seen roads diverted cuz of them.

You don't see it much because of loans and mineral rights.

The only stronger title is an act of war/strong arm take over.

PI 'sales' ,squatting laws, inheritance and millions of error options make getting clear title very difficult.

Many do accomplish it. I think it's best if your original 'clear' title was written in Spanish.

My wife does it by finding a trustable non family friend who had experience doing her own.

It took her 19 years to find such a friend. She hopes to get 'ours' this year.

 

http://www.lra.gov.ph/

......Thanks! If possable maybe we could use her friend to get clear title for us when the time comes in about 2 years. Just need to know how to contact her and what she charges for her services. Is she part of the link you sent and why is it better to have the original title in Spanish? Edited by tomaw
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smokey

i understand you want to know every possible thing that can and could or will happen in every aspect of your life in the Philippines but you can  not begin to know what tomorrow will bring never mind things like title ,, prices etc.. you just need to wake up every day and put your pants on one leg at at time and move forward...  watch a few jerry springer shows to get your groove on 

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toshi

well it would help if your wife is from Cebu, does she has family here (and if so, hope they not dirt poor) that won't help

 

basics here,

 

http://real-estate-guide.philsite.net/tips.htm

 

but I strongly suggest you take your time and get the lay of the land..i mean 3-5 years or so.

 

i have been looking for real estate in Cebu sinds 2004, after several years looking online i begin to see and understand..where house never got sold, what houses came up on crapy web-sides, which houses got sold and which not etc etc.

also you get a feeling for prices very well like that.. 

 

it is definitely not the most secure way,and you will only get part of the info, as not everything is online.. but i start learning which places to avoid (for my preferences)

 

in a Philippine mind having house and lot and a car is the ultimate status symbol..how it looks don't matter..so it is better to avoid (if you can afford it) is the cheap sub devisions.. 

 

NEVER BE RUSHED! DON'T EVEN LISTEN IF THEY SAY ''WE HAVE A OTHER INTERESTED BUYER'' and u can offer considerable less then they ask for, its not a shame!! 

 

it would be nice to know what will be your aprox budget, (if you wish to share) and where you like to live..

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tomaw

 

i understand you want to know every possible thing that can and could or will happen in every aspect of your life in the Philippines but you can not begin to know what tomorrow will bring never mind things like title ,, prices etc.. you just need to wake up every day and put your pants on one leg at at time and move forward... watch a few jerry springer shows to get your groove on

.............. So you think the guests on Jerry Springer are LinC members role models?! LOL!!!
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smokey

.............. So you think the guests on Jerry Springer are LinC members role models?! LOL!!!

 

 

.............. So you think the guests on Jerry Springer are LinC members role models?! LOL!!!

 

 

.............. So you think the guests on Jerry Springer are LinC members role models?! LOL!!!

no i think jerry has all the guest he needs already living there 

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Davaoeno

If the property is correctly titled and you. or your represenative understands the Torrens System then those fears should be removed as Torrens give the Title Holder security of Title.

 

 

I disagree.  I believe family members can come out of the woodwork and claim the property for up to 2 years after the sale. 

 

 

I bought a house in Davao . Had an atty handle the sale. The ROD showed no liens or encumbrances.  Then a year after i bought it a guy showed up with a loan doc for 1M that he lent the previous owner that hadnt been repaid  [ with the house as security ]   and filed an adverse claim against my house.  Three years later i am still trying to get it removed !!   The lender told me he would remove it for only 550,000 pesos !!

 

so much for the Torrens system in the Phil 

Edited by Davaoeno
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tomaw

well it would help if your wife is from Cebu, does she has family here (and if so, hope they not dirt poor) that won't help

 

basics here,

 

http://real-estate-guide.philsite.net/tips.htm

 

but I strongly suggest you take your time and get the lay of the land..i mean 3-5 years or so.

 

i have been looking for real estate in Cebu sinds 2004, after several years looking online i begin to see and understand..where house never got sold, what houses came up on crapy web-sides, which houses got sold and which not etc etc.

also you get a feeling for prices very well like that..

 

it is definitely not the most secure way,and you will only get part of the info, as not everything is online.. but i start learning which places to avoid (for my preferences)

 

in a Philippine mind having house and lot and a car is the ultimate status symbol..how it looks don't matter..so it is better to avoid (if you can afford it) is the cheap sub devisions..

 

NEVER BE RUSHED! DON'T EVEN LISTEN IF THEY SAY ''WE HAVE A OTHER INTERESTED BUYER'' and u can offer considerable less then they ask for, its not a shame!!

 

it would be nice to know what will be your aprox budget, (if you wish to share) and where you like to live..

.......... My wife is from Cebu and has been living with me in California since we got married six years ago. I'd say she comes from a working class family. We were buying a new house in a subdivision 8 years ago for her family until problems with my job as a realtor caused us to lose it. At that time it was about $60,000. I think it's almost doubled that today. I'm now looking at a lot in Crown Heights in Compostela at PhP 4,400 per sq. meter. 150 sq. meters = PhP.660,000. It will be at least another 2 years before we do anything. So it is way to early to put anything in stone. I've been constantly looking on the internet as you suggested. This forum has also been very helpful. I'm not sure what you mean by cheap subdivisions. Most subdivisions I don't see as cheap. They offer security, uniformity (remember there's no zoning laws in The Philippines) and amenities. Also since we plan on being in one from a big developer there is less chance of title problems. Oh, and thanks for that link. That checklist is very helpful ! Edited by tomaw
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Opinions might vary but building a house on 150 sq meter will be around 2 million.. Lets assume 2. Story's..

 

You want a reputable builder...unless u willing to pay considerably more , then it will be hard to find a builder like that...good builders will go for bigger projects...not enough to be made on small houses like that

 

So ur a little in a conundrum...

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smokey

.......... My wife is from Cebu and has been living with me in California since we got married six years ago. I'd say she comes from a working class family. We were buying a new house in a subdivision 8 years ago for her family until problems with my job as a realtor caused us to lose it. At that time it was about $60,000. I think it's almost doubled that today. I'm now looking at a lot in Crown Heights in Compostela at PhP 4,400 per sq. meter. 150 sq. meters = PhP.660,000. It will be at least another 2 years before we do anything. So it is way to early to put anything in stone. I've been constantly looking on the internet as you suggested. This forum has also been very helpful. I'm not sure what you mean by cheap subdivisions. Most subdivisions I don't see as cheap. They offer security, uniformity (remember there's no zoning laws in The Philippines) and amenities. Also since we plan on being in one from a big developer there is less chance of title problems.

if there are set backs your house will be on the small side for sure and if not fire walls dont make for a good breeze ... 

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Davaoeno

this one is 165 m on 162 m lot  .   5 bedrooms 4 crs    

post-8045-0-01022300-1368758939_thumb.jpg

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smokey

this one is 165 m on 162 m lot  .   5 bedrooms 4 crs    

see now davao could build a place in cebu and stay at lukes become roomies..

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