Leasing Land

[BigBlastGuy]

BigBlast says: Foreigners can not legally own land in the Philippines. I have heard that foreigners might be able to legally lease land for 25-50 years. Does anyone know about this?

I am interested in building a beach house on on a small island. Possibly build a house on leased land?

Red says: Yes you can lease a piece of land in the Phils. just make it long term lease. And yes you can build a house on leased land too. So you be protected make sure all conditions you want be stipulated on the contract. Good luck on that sounds like great plan.

BigBlast says: I am not married, possibly I could lease land and build a house and as part of the lease contract stipulate that if I were to marry a filipino citizen, she would have option to purchase the land for a predetermined price. So if I married a filipina, the lease would give her the right to purchase the land and then someday she would inherit the house from me.

Is that legal? Is that possible?

Red says: Yes sir that is possible and legal. And no she will not only inherit the property but co-owned it. You may either have a pre-nup if you have some conditions about property partition hhmmm but still that will complicate of you being not allowed to own property in Philippines unless you will just appoint your soon to be wife as trustee by SPA (special power of attorney), you shall have the actual possession of the title.

BigBlast says: Thank you Red, it is very nice to get an answer to the question from someone that knows the issue.

I am curious, really none of my business, but anything you will share is appreciated. What is your background? Are you married to western man? Do you live in the Philippines? What are your education and work experience. You have lots of good answers to questions, so I am wondering what your background is that leads you to be so knowledgeable?

[red]

Pleasure to help answer your queries. I was a wanna be lawyer. Did go law school and worked as paralegal same time then got married to western man. And currently live in Philippines and hopefully pohon in US. Just know some basics and don't know everything. If you want to know further legal matters about real estate best you go ask local atty in Phils. It isn't that expensive unlike in US.

[BigBlastGuy]

Pleasure to help answer your queries. I was a wanna be lawyer. Did go law school and worked as paralegal same time then got married to western man. And currently live in Philippines and hopefully pohon in US. Just know some basics and don't know everything. If you want to know further legal matters about real estate best you go ask local atty in Phils. It isn't that expensive unlike in US.

Thanks Red. Lawyers make simple things complicated. So I prefer to ask people with experience and true knowledge, then if I decided to do a land lease I would have a lawyer do it.

How did you meet your western husband?

[red]

Secret

[BigBlastGuy]

Secret

That's great. Tell me. I love secrets!

[Edwin]

I only have knowledge from a couple of people in the Philippines as to land. It really doesn't apply to leases, but it does have to do with property. In this country, USA, we make sure everything is clear on the property before we put money down or build. My friend's filipina wife's brother has been building them a house for the last few years. Now it is pretty well finished, and they are just putting beautification touches on it, and it is looking spectacularly beautiful. Anyway they have put lot of money into building it, and they don't have a clear title yet, but they feel fairly secure that it can be cleared up, and that will just take time. My friend is nervous and anxious about it. The other is my brother-in-law's property. They got really confused on where the property lines were. What they thought was theirs did not belong to them, and what they didn't realize was theirs actually belonged to them, so it was a real headache. The last I heard the lines were still not well established and he is gone, deceased now, so I hope it will be cleared up for his widow. She really does have it nice now, although she is missing him terribly, as they really loved each other very much!

[red]

Best to make the property clear from any issues before building something on it. We have a neighbor here they built a castle look alike home big property and after building that castle a neighbor came and claimed that they built their fence way far that it covered a little part of their property. So it ended them big amount money to buy that piece of land. But they are rich so rather than go to court and fight for it, they paid it.

[Edwin]

I agree, Red, better to have those property issues settled before buying or building. Our friend is very nervous about it, but his filipina wife's family thinks it is not big deal and they will get it cleared up. Well, I hope so because they have a very nice new house on property that they don't have clear ownership of yet, although they do have some kind of proof that it is theirs, and everyone involved seems to be honoring that for now anyway, and they are working on it, but it is slow, and difficult to meet and clear it all up.