# Building on a rice field



## ChrisNZ (Apr 12, 2014)

Hi
In the area of Pangasinan where my wife is from it often floods. Some people have the level of their land raised higher before they build so that their house will be higher than the level of flood waters without building it on stilts.

We have been offered land near my in laws that has been previously rice fields. 

Is anyone familiar with this process of raising the land, the cost, and who would do it for us? I guess they import truck loads of rocks.

Secondly, because I am not a Philipino citizen I understand I cannot buy land there. It would have to be in the name of my wife. Unless I set up a trust with myself, my wife and another philipino on the board, then buy it in the name of the trust. Can anyone shed more light on this?


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## Lunkan (Aug 28, 2020)

ChrisNZ said:


> In the area of Pangasinan where my wife is from it often floods. Some people have the level of their land raised higher before they build so that their house will be higher than the level of flood waters without building it on stilts.
> 
> We have been offered land near my in laws that has been previously rice fields.
> 
> Is anyone familiar with this process of raising the land, the cost, and who would do it for us? I guess they import truck loads of rocks.


Rice fields are MADE to be flooded.
Beside that and costs to try yo solve it, the Philippines are short of good rice fields so ...

A frriend of mine did spend much money many years ago to raise land compared to the sorounding - and that wasnt even at rice field...

I would chose somewhere else...


ChrisNZ said:


> Secondly, because I am not a Philipino citizen I understand I cannot buy land there. It would have to be in the name of my wife. Unless I set up a trust with myself, my wife and another philipino on the board, then buy it in the name of the trust. Can anyone shed more light on this?


1. You have right to half by MARRIAGE right IF sold, but thats isnt much worth if your wife dont want to sell.
2. NOT allowed to LEASE from wife, but from others. A foreigner can own WHOLE buildings. (But can be opposite to the situation in p1, possible wife can have right to half if selling, but there are some exceptions perhaps worth checking.
3. A foreigner can own max 40 % of a company which own land, IF the business NEED land and fullfil some more demands. I dont know about your Trust idea,, if thats better or not.

BOTH spouses need to sign when real estates are sold so one can block the other from selling, but cant force the other to sell normaly


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## Gary D (Oct 28, 2013)

I guess the first question you need to ask is can I build on agricultural land.


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## Lunkan (Aug 28, 2020)

Gary D said:


> I guess the first question you need to ask is can I build on agricultural land.


 Land classified as "Agricultural" dont even need building permit normaly at least for farmer families and if I understood correct he is married into the family.


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## Gary D (Oct 28, 2013)

Lunkan said:


> Land classified as "Agricultural" dont even need building permit normaly at least for farmer families and if I understood correct he is married into the family.


There's been a push to stop all the building on agricultural land so it may not be as straightforward as you think. And what makes you think you don't need a permit.


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## Lunkan (Aug 28, 2020)

Gary D said:


> There's been a push to stop all the building on agricultural land so it may not be as straightforward as you think. And what makes you think you don't need a permit.


 I hope you are right concerning good farmland, because its ridicilous to build housing at the best fields.

BUT there are a lot off different qualities of land classied as "Agricultural", some would be very bad/impossible to use as farming fields. "Residental" and "Commersial" are TINY parts of the total land area in Phils.


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## Gary D (Oct 28, 2013)

Lunkan said:


> I hope you are right concerning good farmland, because its ridicilous to build housing at the best fields.
> 
> BUT there are a lot off different qualities of land classied as "Agricultural", some would be very bad/impossible to use as farming fields. "Residental" and "Commersial" are TINY parts of the total land area in Phils.


And the best land is the land with access which they are losing to housing.


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## Zep (Jun 8, 2017)

I don't know what is best but every house in Tarlac and probably other provinces are built on old farm land. My house was built on an old rice field and so were all the others in the area. Most of them are along the road with the rice field in the back.


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## grahamw57 (May 27, 2018)

As is the case with my/our house and land in rural Pangasinan.  
Was the corner of a rice paddy. Build a big strong wall around it, and several 30 ton truck loads of rock , gravel, and soil later (to above the highest flood level)....


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## grahamw57 (May 27, 2018)

Or here's the cheap way (just be careful after you've had a few drinks) : 
.









A big dump truck load of rock, etc, is around 3 to 4,000 pesos, incidentally. Meant to put that in my previous post.


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## ChrisNZ (Apr 12, 2014)

grahamw57 said:


> As is the case with my/our house and land in rural Pangasinan.
> Was the corner of a rice paddy. Build a big strong wall around it, and several 30 ton truck loads of rock , gravel, and soil later (to above the highest flood level)....
> 
> View attachment 102055


Nice. Well done.

Was it expensive to import all that rock, gravel and soil?


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## ChrisNZ (Apr 12, 2014)

grahamw57 said:


> Or here's the cheap way (just be careful after you've had a few drinks) :
> .
> View attachment 102057
> 
> ...


Oh I see. I see your answer now. Disregard my question. That's a really nice looking hut too actually.


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## ChrisNZ (Apr 12, 2014)

Lunkan said:


> Rice fields are MADE to be flooded.
> Beside that and costs to try yo solve it, the Philippines are short of good rice fields so ...
> 
> A frriend of mine did spend much money many years ago to raise land compared to the sorounding - and that wasnt even at rice field...
> ...


I guess if I owned the buildings I could deny her the use. But proving ownership could be difficult. It's not nice to even think about divorce and I don't anticipate it but neither is it wise to set oneself up for a big loss.

Personally I think building on flooding land is ludicrous if higher ground was available but it seems there is none within 2 or 3 hours drive and my lady doesn't want to live in the hills.


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## Gary D (Oct 28, 2013)

In our area a permit is needed to raise land to build on.


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## ChrisNZ (Apr 12, 2014)

Gary D said:


> In our area a permit is needed to raise land to build on.


Very good to know thanks. What area are you in?


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## bigpearl (Jan 24, 2016)

Hi Chris, I am a couple of hours north of Pangasinan, Bacnotan. OMO but when I looked at retiring here with my better half some 8 or 9 years ago I learnt very quickly "don't be too close to the family and relatives" My choice was originally to be a half hour drive away as very few of the 5,000 relatives have wheels. We ended up 40/45 minutes away in a much quieter area on the beach and guess what? No unannounced visit as it's 2 tricycles and a Jeepney ride for them to get here but 30 minutes on a bike or 40 minutes in the car. Traffic in the city for cars.

Don't get me wrong I get on with the family here very well but, I and Ben agreed we don't want them in our pocket everyday and far easier for us to visit them when it suits.
As for building on farm land? As Lunkan said in another post, that should be for farming (the world is running out of food) but because the main road generally is connected to farm land and rice paddies it becomes more valuable.

I know Pangasinan is pretty flat and flood plains but maybe look at elevated land on a gentle hill for your future security and don't forget climate change, I suffer the same problem living on the beach but in the 5 plus years we have owned this property I see no obvious rise in sea level,,,,, it's coming but we are 6 to 7 metres above sea level,,,,,, flood plains flood. Same in all countries as you see in the news especially these days.

I wish you luck with your choices mate.

Cheers, Steve.


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## Gary D (Oct 28, 2013)

ChrisNZ said:


> Very good to know thanks. What area are you in?


We are in Bataan


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## Lunkan (Aug 28, 2020)

ChrisNZ said:


> I guess if I owned the buildings I could deny her the use. But proving ownership could be difficult. It's not nice to even think about divorce and I don't anticipate it but neither is it wise to set oneself up for a big loss.


 Foreigner CAN own WHOLE buildings at leased land, 
but CANT lease from wife.

An other thing is rights to half by marriage, which is the normal, but there are some exceptions, which I know excist in some cases, but I dont know details. 

If not such exception BOTH spouses have to sign to make a legal sale of real estate anyway.


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## M.C.A. (Feb 24, 2013)

Chris, just a reminder in case you don't have a Permanent Resident visa of any kind but maybe you do, you can't use an a home residence as part of an SRRV, you would only be able to purchase a condo with an SRRV contract. 

You probably already are living here on a 13a Visa? but I really don't know, the reason I bring this up is that you're getting ready to take the final plunge in investing in a home. Many of our fellow Expats run into trouble with their Immigration status either due to the fact the wife is already married so no 13a Visa and then they attempt to use the home as an SRRV option but neither will work.


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## Gary D (Oct 28, 2013)

Lunkan said:


> Foreigner CAN own WHOLE buildings at leased land,
> but CANT lease from wife.
> 
> An other thing is rights to half by marriage, which is the normal, but there are some exceptions, which I know excist in some cases, but I dont know details.
> ...


I think children inherit before spouse, a foreign spouse only inherits long enough to dispose of the property.


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## Lunkan (Aug 28, 2020)

Gary D said:


> I think children inherit before spouse, a foreign spouse only inherits long enough to dispose of the property.


 It was several years since I did read these laws, so I am not totaly sure - but rather 

As I remember when Filipina wife die before foreigner spouse - When there arent any special reserrvations, first get the foreigner half and he and each child get equal shares of the rest so the foreigner get some more than half of the assets. * (Thats when there are no will. Will can change max 25 %. (Dont remember if percent of the dead spouse's asserts or the couple's total assets in the marriage. Rather sure its the later.)

There is an EXCEPTION rule, which I dont remember the text of though, but its something about when the dead - or when divoce/separate - GOT the land by inheritance herself, then there is some type of reservation rule I believe it say something about land dont leave the blood line. 

*Although by foreigner CANT KEEP inherited real estate with land, just get some time to solve making it legal not owning land anymore, IF there are enough value of OTHER assets it can be simpler and wicer to make the split so Filipino kids get the land real estate and the foreigner get compensation from other assets.


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## grahamw57 (May 27, 2018)

Poriner has 12 months to sell the land, if the Mrs dies first.


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## bigpearl (Jan 24, 2016)

OMO but get someone you trust to buy the land and lease the land in your name, 25 + 25, all done at the same time, no cost to the person you trust aside from time to purchase and lease the land and the lease will/can make you responsible for rates and outgoings, that persons family get the property after the lease expires. Or sell by agreement etc.
Then build what you want in your name as I am doing here. Make sure your will is in order to perpetuate the lease and have that stated in the lease. Heirs etc.

Cheers, Steve.


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## bigpearl (Jan 24, 2016)

graham, just an example from my perspective.
I purchased a house and lot, built by a Canadian guy. 3 bed, 2 bath, a 30M2 detached studio, 2,500M2 land, 4 kms from town, absolute the beachfront, concrete roads, quiet area and that means dogs, chooks and tricycles, not here or rare. PHP under 6M after costs. So 120K per year over the lease period. In the future years the lease can be sold or the property can be sold by negotiation.

In the interim? I control and do what I want here and don't worry about landlords or divorces and care little after I am dead, my heirs can worry about what to do with the property.

Cheers, Steve.


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## louiedepalma (9 mo ago)

Interesting thread. I appreciate the picture. All of the relatives houses i have seen there do not have grass only dirt mud and concrete. I was wondering if the stuff grew there. 

Not gonna win against a filipina if it comes to that regarding property. You may get the motorbike though perhaps. 

My wife bought a house there. I had no interest in being a part of it. She bought it with her money from one of her relatives and it is part of the family territory next to her moms house. Pretty cool seeing the grandmother sign using her thumbprint.


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## grahamw57 (May 27, 2018)

Our (600 SqM) rice paddy corner, before we built on it... 
.


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