The Legal Side of Real Estate

[swami]

Hello magandang Hapon po. mag tanong lang sana ako regarding illegal squaters. may target na bilihin na property ang client ko. kaya lang po nung nakita nya may illegal squater pero nag sisimula pa lang mag bakod. there was one time na pinuntahan nila para kausapin pero galit pa yung mag i squat. yung bibilhan nya ipanapa ubaya na ang pag papaalis dun sa client ko kaya lang hindi nya alam kung kaninong tao sya lalapit. sa baranggay? sa city hall? sa police?

 

hindi pa naman actualy nag squat nag lalagay pa lang ng bakod pero may nag babantay. ano po ang best na gawin dito?

 

TIA

 

 

Alisto dapat jan pre. bago pa makapag squat, ipa police or barangay nyo na agad, to remove the fences/bakod. the moment the structure has become more or less permanent, you will have to file an ejectment case before you can evict them.

 

Ganito diskarte: pa execute kayo dun sa owner ng spa, authorizing you to protect and take care of the property. yun ang gamitin nyong basis for going to the police/barangay.

 

wag nyo antayin makapagtayo ng structure. kailangan nyo pang kasuhan yan pag may structure na.

[SINless]

Now this is expert advice, from a true professional.

Professional what? :hypocritesmiley: Greetings my maester.

 

Hello magandang Hapon po. mag tanong lang sana ako regarding illegal squaters. may target na bilihin na property ang client ko. kaya lang po nung nakita nya may illegal squater pero nag sisimula pa lang mag bakod. there was one time na pinuntahan nila para kausapin pero galit pa yung mag i squat. yung bibilhan nya ipanapa ubaya na ang pag papaalis dun sa client ko kaya lang hindi nya alam kung kaninong tao sya lalapit. sa baranggay? sa city hall? sa police?

 

hindi pa naman actualy nag squat nag lalagay pa lang ng bakod pero may nag babantay. ano po ang best na gawin dito?

 

TIA

Alisto dapat jan pre. bago pa makapag squat, ipa police or barangay nyo na agad, to remove the fences/bakod. the moment the structure has become more or less permanent, you will have to file an ejectment case before you can evict them.

 

Ganito diskarte: pa execute kayo dun sa owner ng spa, authorizing you to protect and take care of the property. yun ang gamitin nyong basis for going to the police/barangay.

 

wag nyo antayin makapagtayo ng structure. kailangan nyo pang kasuhan yan pag may structure na.

The actual owner has to file a complaint, or someone with a notarized special power of attorney. File the complaint on both the police and barangay levels, with a written complaint attached to the notarized special power of attorney (photocopy) and with a duplicate copy for the police and barangay to receive it (don't forget to ask them to date the receiving of your complaint), then with a photocopy of both complaint forms, bring it up to the municipal/city level. Your client will probably also have to slip some grease money to these people to act quickly.

[timog]

Kailangan pa ho ba ng permit para ipaayos ang isang bahay? Sira na kasi ang bibilhin kong bahay. Balak kong ipaayos - pintura, papalitan ng mga bintana, pinto, gate. Wala namang babaguhin sa structure nya at division.

 

Kasi kung mayroon, balak kong ibawas sa presyo ng babayaran ko para sa bahay.

[SINless]

Kailangan pa ho ba ng permit para ipaayos ang isang bahay? Sira na kasi ang bibilhin kong bahay. Balak kong ipaayos - pintura, papalitan ng mga bintana, pinto, gate. Wala namang babaguhin sa structure nya at division.

 

Kasi kung mayroon, balak kong ibawas sa presyo ng babayaran ko para sa bahay.

Its best to check with the city engineer's office, some areas don't require a building for minor renovations, but the definition of minor renovations vary from city to city, from municipality to municipality.

[play_boi]

thanks swami and sinless! nag sisimula pa lang sila.. mga kahoy pa lang ang mga naka bakod pero nag aasintada na ng mga hallowblocks kaya ill tell the owner about what you said. nag punta na kami saupao sa demolition team ng city hall. and sa monday pupuntahan na. i dederetso na pa bakudan kaya lang nag hihintay pa lang ng fencing permit. ok lang ba na bakuran na maski hindi pa released ang permit?

[SINless]

thanks swami and sinless! nag sisimula pa lang sila.. mga kahoy pa lang ang mga naka bakod pero nag aasintada na ng mga hallowblocks kaya ill tell the owner about what you said. nag punta na kami saupao sa demolition team ng city hall. and sa monday pupuntahan na. i dederetso na pa bakudan kaya lang nag hihintay pa lang ng fencing permit. ok lang ba na bakuran na maski hindi pa released ang permit?

 

Depends on how close the owner is with the City Government, generally though you have to wait for it, though it is only a few hours for that to be released.

[Obese_F]

My friend is in need of an advice. Nakatira kasi sila sa isang NHA project na matatamaan ng Rail Linkage Project ng government. Though hindi naman maapektuhan directly ang bahay nila kasi may bahay pa betwen their house and the railroad. May required number of meters kasi from the railroad dun sa residential area. Until now hindi klaro sa kanila kung 17 meters or 20 meters. Yugn bahay between sa bahay nila at dun sa railroad eh hinarangan ang eskinita na daanan na dati pa ng mga tao dun. Ang rason nung nakatira dun eh base raw sa NHA housing project, sakop nila yun. kung baga kasama sa 21 sq. meters ng lupa na sakop niya. Ang siste, pare-pareho silang wala pang titulo to claim kung ano ang talaga ang sukat ng houses nila at ang mga boundary. apektado ang apat na pamilya sa ginawang paghaharang o pagsasara ng eskinita. Imbes na easy-access papuntang railway ala nang madaanan ang mga 4 families. what they fear most is paano kung magkasunog since dikit-dikit ang NHA housing na yun.

Ano kaya ang maganda i-advicde sa kanya? yung kapitbahay nila eh pinapagawa pa yugn bahay niya kahit wlang titulo pa at walang building permit. sa manila ang area nila.

[SINless]

My friend is in need of an advice. Nakatira kasi sila sa isang NHA project na matatamaan ng Rail Linkage Project ng government. Though hindi naman maapektuhan directly ang bahay nila kasi may bahay pa betwen their house and the railroad. May required number of meters kasi from the railroad dun sa residential area. Until now hindi klaro sa kanila kung 17 meters or 20 meters. Yugn bahay between sa bahay nila at dun sa railroad eh hinarangan ang eskinita na daanan na dati pa ng mga tao dun. Ang rason nung nakatira dun eh base raw sa NHA housing project, sakop nila yun. kung baga kasama sa 21 sq. meters ng lupa na sakop niya. Ang siste, pare-pareho silang wala pang titulo to claim kung ano ang talaga ang sukat ng houses nila at ang mga boundary. apektado ang apat na pamilya sa ginawang paghaharang o pagsasara ng eskinita. Imbes na easy-access papuntang railway ala nang madaanan ang mga 4 families. what they fear most is paano kung magkasunog since dikit-dikit ang NHA housing na yun.

Ano kaya ang maganda i-advicde sa kanya? yung kapitbahay nila eh pinapagawa pa yugn bahay niya kahit wlang titulo pa at walang building permit. sa manila ang area nila.

First of all they have to file a complaint with their barangay, then bring a copy of that complaint to the City Engineer's Office.

[Red light]

Good afternoon maestros!

 

I bought a subdivision lot in Bulacan developed by a 'big player' when it comes to real estate. It was fully paid as of last year pa, and was constantly asking the developer via phone for the title (TCT right?). I'm aware of the fee that I need to pay (around 40T plus; CGT right?). They sad the title is not ready because it was still not released by some person/company, and I thought the title should directly come from them since they are the developer. Anyway my questions are:

 

(1) Is there a legal basis for demanding for the TCT which you have fully paid (since last year)? Can I threat them with legal actions?

(2) Does the purchase comes with a drawn survey with technical description of the subdivision lot? I assume it does, but to make sure, I'll take your advise on this one.

 

By the way, I cannot accept an excuse by the developer that all other purchased lot titles has not been released, because I recently visited the subdivision and there are about 5 finished and 10 or more on-going construction. Thanks in advance for your expert advise and hope to see these familiar names in the Clubs/KTV forums!

[swami]

Good afternoon maestros!

 

I bought a subdivision lot in Bulacan developed by a 'big player' when it comes to real estate. It was fully paid as of last year pa, and was constantly asking the developer via phone for the title (TCT right?). I'm aware of the fee that I need to pay (around 40T plus; CGT right?). They sad the title is not ready because it was still not released by some person/company, and I thought the title should directly come from them since they are the developer. Anyway my questions are:

 

(1) Is there a legal basis for demanding for the TCT which you have fully paid (since last year)? Can I threat them with legal actions?

(2) Does the purchase comes with a drawn survey with technical description of the subdivision lot? I assume it does, but to make sure, I'll take your advise on this one.

 

By the way, I cannot accept an excuse by the developer that all other purchased lot titles has not been released, because I recently visited the subdivision and there are about 5 finished and 10 or more on-going construction. Thanks in advance for your expert advise and hope to see these familiar names in the Clubs/KTV forums!

 

Check first all the contracts/agreements you signed with the developer. Verify any provisions therein which will justify them to withhold the release of the tct. Even the technical description you're looking for may be indicated in any of those contract/agreements.

 

Of course, you could compel them to deliver to you the tct through legal actions.

[Red light]

Check first all the contracts/agreements you signed with the developer. Verify any provisions therein which will justify them to withhold the release of the tct. Even the technical description you're looking for may be indicated in any of those contract/agreements.

 

Of course, you could compel them to deliver to you the tct through legal actions.

 

Thanks for the quick reply Atty. Swami! Will call them in a few sec...

[Dr_PepPeR]

Good afternoon maestros!

 

I bought a subdivision lot in Bulacan developed by a 'big player' when it comes to real estate. It was fully paid as of last year pa, and was constantly asking the developer via phone for the title (TCT right?). I'm aware of the fee that I need to pay (around 40T plus; CGT right?). They sad the title is not ready because it was still not released by some person/company, and I thought the title should directly come from them since they are the developer. Anyway my questions are:

 

(1) Is there a legal basis for demanding for the TCT which you have fully paid (since last year)? Can I threat them with legal actions?

(2) Does the purchase comes with a drawn survey with technical description of the subdivision lot? I assume it does, but to make sure, I'll take your advise on this one.

 

By the way, I cannot accept an excuse by the developer that all other purchased lot titles has not been released, because I recently visited the subdivision and there are about 5 finished and 10 or more on-going construction. Thanks in advance for your expert advise and hope to see these familiar names in the Clubs/KTV forums!

 

File a complaint with the Housing and Land Use Regulatory Board (HLURB) which issues licenses for real estate developers and can revoke the license of the 'big player' if they cannot deliver the TCT upon full payment. BTW, just because some owners have started builidng houses on lots doesn't mean that they have already been given their TCT. They may be in the same boat as you are.

[yellowjacket]

Mga Bossing hingi lang advice. my problem kasi sister ko regarding condo unit she bought but still installment ang payment nya. naka 6 months na sya ng payment. the problem is hindi sya na well inform regarding division wall ng mga units na gagamitin ay gypsum board bago nya ito kinuha. ang pagkakaalam nya pag condo unit concrete wall ang division ng bawat unit. Pina stop na nya ang payment. Ayaw daw irefund ang mga nahulog nya.

 

Saan ba sya dapat magcomplain? o kelangan na nya ng real state lawyer? Please help naman.

 

Isa pa pong situation... Un neighbor ko nag pa secondfloor naapektuhan ang bahay ko kasi magkadikit un firewall po namin. nagtutuluan sa loob ng bahay ko pag naulan. pinagawa naman po nya. kaya lang after 7months umulan naman ganun pa rin ang nagyari so para wlang gulo ako na lang nag magpapagawa. kaya lang po ng ipaalam ko sa kanila na babaguhin ko yung flashing na ginawa nila dahil mali po ang pagkakagawa gusto nila i black and white na pag my nasira sa wall nila ay kami nag magpapagawa.

 

Dapat ko po ba na sangayunan sila? samantalang sila ang nakaperwisyo sa akin? dapt ko pa bang idulog ito sa city engineer? Pleas help naman po. TIA!

[Red light]

File a complaint with the Housing and Land Use Regulatory Board (HLURB) which issues licenses for real estate developers and can revoke the license of the 'big player' if they cannot deliver the TCT upon full payment. BTW, just because some owners have started builidng houses on lots doesn't mean that they have already been given their TCT. They may be in the same boat as you are.

 

 

Great advise Dr_PepPeR! I was informed that my title was, and I qoute, "assigned to the bank". Was asking them what it means, but the customer service assistant on the other line just kept telling me that it was assigned to the bank. In the end they were asking for 3 more weeks so they may finally pull out my title from that 'bank'.

 

Perhaps the lot owners who were able to commence/finish their houses in the subdivision proceed with their construction on a cash-basis (direct from their pockets). If I'm not mistaken, this way you actually do'nt have to procure the title, as long as the developer acknowledges your ownership (perhaps via the passbook which shows the lot is fully paid), so there is no denying them of the construction proceedings. Lucky for them they are financially capable. I, on the other hand, will have to apply for a loan from PAG-IBIG to have my dreamhouse constructed. It is a requirement that the PAG-IBIG memeber applying for the loan has the lot title. :cry:

[swami]

Great advise Dr_PepPeR! I was informed that my title was, and I qoute, "assigned to the bank". Was asking them what it means, but the customer service assistant on the other line just kept telling me that it was assigned to the bank. In the end they were asking for 3 more weeks so they may finally pull out my title from that 'bank'.

 

"Assigned to the bank" means it was still mortgaged with the bank, to secure the loan the developer obtained from the bank.