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Let The
Buyer "Beware"
The
issue of Boracay Real Estate ownership on Boracay Island
has long been raging, however the basic fact is this;
almost 70% of all real estate on Boracay Philippines is
untitled! The remainder is clear and free titled
real estate belonging to an ancient few families (such
as the Tirol family), the remainder of titled Boracay
Real Estate was snapped up by the Fil-Estate Realty Land
Inc. in the early to mid 1990's in order to develop the
prestigious and opulent
Fairways &
Bluewater Boracay Resort, Golf and Country Club.
TAX
DECLARATION REAL ESTATE
There
are many, many individuals that have "bought" Tax
Declaration Land for a residential or commercial
purposes - but what exactly does that mean? What exactly
did they "BUY" was the right to use land owned by the
Philippine Government on the proviso that they
continue to pay the TAX due on that particular
piece of Philippines Real Estate! The land belongs to,
and will always continue to belong to the Philippine
Government until such time that there is a change in
the law. You may indeed own the "building" placed on the
land, but you will NEVER legally own the real estate.
FOREIGN OWNERSHIP OF PHILIPPINES REAL ESTATE
Can a
non Filipino citizen own real estate in the Philippines?
The answer is a resounding NO! Is it unfair? Sure
it is! (A Filipino can own a huge mansion in the middle
of London or New York City - NO PROBLEM!). It is also a
huge reason why the Philippines does not attract enough
foreign investment as it rightly deserves!
Are
there ways to get around this? Any Philippines Real
Estate Broker will tell you "YES", but YOU decide, here
are your options:
-
Marry a Filipino Citizen and put the Boracay
Philippines Real Estate in their name.
-
Give up your nationality and become a Filipino
Citizen - by the way, there is NO dual citizenship
here in the Philippines!
-
Form a Filipino Corporation and let the Company own
the property. This involves the lengthy process of
incorporation through the Philippines SEC and even
then, the foreign interest in the company cannot
exceed 40 percent!! (known as the 60/40 rule). This
often works well as long as the company
actively operates on a daily basis otherwise
you end up with a "dummy" corporation
which is frowned upon by the Philippine Securities
and Exchange Commission.
-
Buy
a CONDOMINIUM!
CONDOMINIUM / CONDO OWNERSHIP
The
only Philippines Real Estate a foreign national can 100%
wholly own in the Republic of the Philippines is a
Condominium.
In
order for a developer to build and offer a condominium
project, they must gain the permission and be sanctioned
by the HOUSING REGULATORY BOARD and be in strict
compliance with the Philippine Condominium Act -
Republic Act No 4726.
This
act clearly states that such a project must be developed
on REAL property i.e. titled real estate, thus
enabling the "Master Title" to be cut into individual
"Certificates of Condominium Title".
As
mentioned previously, almost 70% of Boracay Real Estate
remains untitled to this day. However, if you were to
use any of the major search engines like,
Google,
Yahoo, or
Msn and type in "boracay"
and "boracay real estate" you would find thousands upon
thousands of listings! How can this be? The use of the
term "condo" or "condominium" inherently implies
"title" under the terms and conditions of the above
mentioned law! So, in conclusion, "LET THE BUYER
BEWARE" or GET A GOOD LAWYER!
NOTE:
Boracay Real Estate, is in conjunction with Fil-Estate
Realty Corporation, offers what are probably the only
fully titled condominiums on Boracay Island
Philippines.
All of
our offerings are covered by, and are in strict
compliance with the Philippine Condominium Act,
Republic Act No 4726.
The
Choice is Yours! |