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-   -   In laws (https://www.expatforum.com/expats/philippines-expat-forum/1479228-laws.html)

Balikbayan 23rd April 2019 11:36 PM

In laws
 
I have a soon to be brother in law, who has been chatting with my wife's younger sister on line for about a year, he was here last year for a 10 day visit, and he is here now for 10 days. He says he'll marry my sister in law in a couple of years. My query is his intention. My wife and her two sisters have land that thier father left them, my wife (of 16 years), and I have built a house on this land, now this soon to be brother in law is also planning to build a house here, behind our house, and without consulting with my wife or the older sister, he wants to cut trees down to access his house which by the way there is no need to, but he doesn't care, told me he's going to do it anyway. I told there's no way in hell he's cutting any trees down. I told him he can use the natural path to the building site, without cutting any trees down. Now he's not talking to me, he's secretly going to my father in law and conferring with him.
Any thoughts on this, anyone experiencing anything like this?

fmartin_gila 24th April 2019 12:54 AM

You don't say what country you are from. We can only guess that you are a foreigner as most of us are. The family rights system here is different from what most of us are used to and as foreigners we have no say in anything anyway, so to me it looks like it boils down to a family matter concerning the siblings to work it out. Tukaram may have some thoughts on it as I think he & his Asawa built a house on family owned land. You might do some searching on 'Family Law in he Philippines'

Fred

Balikbayan 24th April 2019 02:37 AM

I'm an expat, living in the Philippines with my Filipino wife, on land she and her two sisters inherited from thier father. We started building our house in 2012 and just finishing it now.

Balikbayan 24th April 2019 02:39 AM

Forgot to say, the soon to be brother in law is also a foreigner.

bigpearl 24th April 2019 05:27 AM

Firstly welcome to this forum. Plenty to learn as you are well aware as we all do. Firstly we don't know your family Hierarchy nor your level within, what are the rest of the family saying/suggesting?
As Fred suggested this is a local argument and while I appreciate the implications and learnt many years ago to steer clear, hence 40 mins drive away from the 5,000 relatives. (perhaps one can suggest this option to your soon to be outlaw). Too far for for a simple tricycle ride but close enough for us to visit when we want.
Is this new member of the family conversant with our local culture and the ramifications of living within the family group? Perhaps a little cajoling may change his mind? Only a thought if he is a little green. BTW what does your lovely lady say with regards to all this? She and her siblings hold the power.
Well good luck and please keep us posted.

Cheers, Steve

Balikbayan 24th April 2019 06:42 AM

this new soon to be member of the family, from my observation, hasn't got a clue with the local culture and the ramifications of living within the family group. I asked him if he's learned any of the language, his response "why should I everyone here speak
s english". I have tried a little cajoling , but he seems like he thi is he knows it all. My wife days to wait and see, with regards to all this, and says he is only planning, and I know, she and her siblings hold the power. I think he's going to be in big surprise when we all find out what he thinks he's going to do here.

Hey_Joe 24th April 2019 06:56 AM

Your Father In-Law is still alive so technically your wife has not inherited anything yet, nor is she is the land owner, "unless" your wife has legally "segregated", portioned the land legally via a land title.

If your wife has not done this then the land on which the house you built is technically located on your Father In Laws land.

Is the land Titled, Tax Declaration or Salvage Zone?

You have no rights in this case nor does your wife regarding easement discussion with your future brother in law.

Your future brother in law is correct to deal directly with the Father in law regarding "easement' because the Father is still alive and is the land owner. Future Brother In-Law could demand a width enough to drive a vehicle to pass through especially if it's needed for livelihood, farming, etc. so tread lightly.

Suggest you read all of SECTION 3. - Easement of Right of Way Articles 649 onwards, BOOK II (FULL TEXT) : CIVIL CODE OF THE PHILIPPINES : CHAN ROBLES VIRTUAL LAW LIBRARY

Also, Google Search - Philippine Right of Way law and Philippine Easement Law and read articles such as this one.

https://www.manilatimes.net/demandin...ht-way/378256/

Ram1957 24th April 2019 07:36 AM

Property disputes can get out of hand very quickly here. Many a expat have gotten themselves into more trouble than it's worth. There could be others that could claim that property also so keep that in mind. They seem to come out of the woodwork when you least expect it. Family members here can turn on each other in a heart beat. Make sure you are not in their line of fire.

M.C.A. 24th April 2019 07:43 AM

Land Bickering
 
Quote:

Originally Posted by Balikbayan (Post 14856544)
I have a soon to be brother in law, who has been chatting with my wife's younger sister on line for about a year, he was here last year for a 10 day visit, and he is here now for 10 days. He says he'll marry my sister in law in a couple of years. My query is his intention. My wife and her two sisters have land that thier father left them, my wife (of 16 years), and I have built a house on this land, now this soon to be brother in law is also planning to build a house here, behind our house, and without consulting with my wife or the older sister, he wants to cut trees down to access his house which by the way there is no need to, but he doesn't care, told me he's going to do it anyway. I told there's no way in hell he's cutting any trees down. I told him he can use the natural path to the building site, without cutting any trees down. Now he's not talking to me, he's secretly going to my father in law and conferring with him.
Any thoughts on this, anyone experiencing anything like this?

Hi Balikbayan and thank you for sharing your dilemma with us and candor is appreciated I don't hear that enough. :)

You are blessed that you live on family land and I also live on family land like you but I get reminded sometimes when I and the wife fight that I'm a nobody and I don't own anything here... She's brutally right because I've seen what happens to other family members that live with their mistress when the family member left and had enough they went over to the house and started dismantling it while she was in it LOL, another example.

With that said I'd try to get along with this expat because in the end it's both of you against the citizens here and he's also going to be a neighbor and try to relate just how hot it is here and the costs of Airconditioning if you cut down the trees and what about fruit trees. I'm just curious if the soon to be foreigner and your brother-in-law will be retired or just sending money for years and are you here for good or still working?

I only wish the best comes out of this for you and the brother-in-law, you'll find though that the father-in-law will give precedence to his favorite son and if he dies the favors will go to the Mother-in-law if she's still around. :o

Balikbayan 26th April 2019 10:06 AM

The land here belongs to my wife and her two sisters, thier dad sold it to all three, with no money involved so the land can't be sold unless all three agree. The dad portioned the land in thirds, and since my wife was the first to marry, and we started to fix the house up here, the father gave us the third of land with the house(which is all done with the renovation). I have been coming here for the last 15 years, sometimes for two months, sometimes for three months at a time. Now I'm retired, and living here for 6/7 months of the year, now this guy comes along ( this is his second time here, and for only 10 days, and his first time here was for 10 days), and thinks he knows everything, and thinks he can do whatever he wants here. I told him he's got a big surprise coming, and I walked away. Now he's totally ignoring me.


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