Eviction by "Land owner"

[BB Family 299]

So the "land owner" has threatened to kick my family off the land by December if they dont pay the amount left owed on the land. My family has lived there over 20 years. They purchased the house a long time ago, but ever made any payments on the land. And its the new "owner" who claims he inherited the land from his grandmother upon her passing. So what can he legally do if its true he is the owner, and what can my family do to find out who really owns the land and how much its really worth. Its only 186 sq meters and hes telling them they must pay 200k peso. Any advice would be appreciated. Thank you salamat. 

[Greenbaum 12,260]

3 minutes ago, Barker Family said:

So the "land owner" has threatened to kick my family off the land by December if they dont pay the amount left owed on the land. My family has lived there over 20 years. They purchased the house a long time ago, but ever made any payments on the land. And its the new "owner" who claims he inherited the land from his grandmother upon her passing. So what can he legally do if its true he is the owner, and what can my family do to find out who really owns the land and how much its really worth. Its only 186 sq meters and hes telling them they must pay 200k peso. Any advice would be appreciated. Thank you salamat. 

First I make him prove that it is his land now. Demand (nicely) the deed. Then I would see what comparable land is around you to determine if his asking price is reasonable. Now you have information that you can begin negotiating with him. He's kind of got you by the short hairs because you have a home and 20 years invested.  Good Luck.

[BB Family 299]

Right now our fist plan is to go by the Municipal/City hall to request the Tax declaration for real property, that will give us the real owners name, the assessed value, market value, and true land area. Depending on that information will dictate what we do next. 

[Greenbaum 12,260]

34 minutes ago, Barker Family said:

Right now our fist plan is to go by the Municipal/City hall to request the Tax declaration for real property, that will give us the real owners name, the assessed value, market value, and true land area. Depending on that information will dictate what we do next. 

That's a good plan. My plan or your plan you end up where you want to be; in a stronger position to facilitate getting this resolved.

[Crazy Cat 43,423]

Public records will tell you who owns the land......If he owns the land, then he can dictate the price.....

[Crazy Cat 43,423]

BTW, ALL real estate contracts must be written.  Good Luck.

[EandH0904 1,184]

You may need to get a surveyor too, who can determine legal property lines

[Hank_ 9,174]

12 hours ago, Barker Family said:

So the "land owner" has threatened to kick my family off the land by December if they dont pay the amount left owed on the land. My family has lived there over 20 years. They purchased the house a long time ago, but ever made any payments on the land. And its the new "owner" who claims he inherited the land from his grandmother upon her passing. So what can he legally do if its true he is the owner, and what can my family do to find out who really owns the land and how much its really worth. Its only 186 sq meters and hes telling them they must pay 200k peso. Any advice would be appreciated. Thank you salamat. 

If the new land owner has the deed, then yes he can.    Ask to see a deed.

 

You say your parents purchased the land long ago, did they receive an Extrajudicial of Sale?   Did they process to get the deed?   If NO ... they don't own it.

 

In the Philippines there is no Adverse Possession, no matter how long someone "sits" on a piece of land it will not give them ownership.

 

If they have documentation they need to seek out an attorney.

[Hank_ 9,174]

12 hours ago, Barker Family said:

Right now our fist plan is to go by the Municipal/City hall to request the Tax declaration for real property, that will give us the real owners name, the assessed value, market value, and true land area. Depending on that information will dictate what we do next. 

If you find he does have ownership, your parents could tell him to take them to court  (he will not want to pay the costs associated with this I bet) ....   then ...  "offer" ..   the best they could do is "maybe"  is P75K or P100K  ...  never know if a fish will bite unless you drop your hook in the water.    

 

BUT do make sure he has a DEED in his name, with no encumbrances (page 3 or 4)

Edited August 25, 2018 by Hank_

[Hank_ 9,174]

And lastly.  IF the deed is in his grandmother's name ... and he wants to sell it, do take not that there would HUGE inheritance tax required to be paid at BIR before they would give the blessing to allow the issuance of a new deed.   He will want the buyer to "pay all taxes"    

 

And their new deed on the land would have an encumbrance allowing "other relatives" to file a claim against the deed for two years from issuance of the deed.

Edited August 25, 2018 by Hank_

[Cyberfx1024 7,980]

On ‎8‎/‎25‎/‎2018 at 9:33 AM, Hank_ said:

And lastly.  IF the deed is in his grandmother's name ... and he wants to sell it, do take not that there would HUGE inheritance tax required to be paid at BIR before they would give the blessing to allow the issuance of a new deed.   He will want the buyer to "pay all taxes"    

 

And their new deed on the land would have an encumbrance allowing "other relatives" to file a claim against the deed for two years from issuance of the deed.

That is why we sold the land we owned in ComVal. The deed was in a dead relatives name and even though we had clear transaction period we still had to pay the tax if we wanted it in my wife's name. So we looked into it and it was going to be a big amount and so I said screw that so we sold it. 

[Hank_ 9,174]

9 minutes ago, Cyberfx1024 said:

That is why we sold the land we owned in ComVal. The deed was in a dead relatives name and even though we had clear transaction period we still had to pay the tax if we wanted it in my wife's name. So we looked into it and it was going to be a big amount and so I said screw that so we sold it. 

Did you side step the inheritance tax by making the buyer pay all taxes?

[Cyberfx1024 7,980]

5 minutes ago, Hank_ said:

Did you side step the inheritance tax by making the buyer pay all taxes?

We bought the property when I was working in Afghanistan. Then at a later date we tried to make it right by putting in to her name and it would have been well over 100k pesos supposedly. 

[Hank_ 9,174]

4 hours ago, Cyberfx1024 said:

We bought the property when I was working in Afghanistan. Then at a later date we tried to make it right by putting in to her name and it would have been well over 100k pesos supposedly. 

 

Depending on where it is located and how big of property, P100K ($4-5k) isn't too bad.    I can only wish the inheritance tax on one of the lots had been that low.

Edited August 31, 2018 by Hank_