# In laws



## Balikbayan (Apr 23, 2019)

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?


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## fmartin_gila (May 15, 2011)

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


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## Balikbayan (Apr 23, 2019)

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.


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## Balikbayan (Apr 23, 2019)

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


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## bigpearl (Jan 24, 2016)

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


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## Balikbayan (Apr 23, 2019)

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.


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## Hey_Joe (Sep 13, 2016)

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/demanding-compulsory-right-way/378256/


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## Ram1957 (Oct 14, 2014)

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.


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

*Land Bickering*



Balikbayan said:


> 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.


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## Balikbayan (Apr 23, 2019)

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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## greenstreak1946 (May 28, 2017)

Hey Balikbayan,

First this is not your land and never will be. No foreigner can own land there. Your wife can own it. What is wrong with your brother in law cutting down some trees? Are they rare ones? I be scared to marry a filipino and then build a house on her land right away.

Just my feelings.

art


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## Balikbayan (Apr 23, 2019)

Hey Greenstreak
First of all, I know a foreigner can not own land here, and the issues with trees are not that they are rare, it's the shade they provide during hot season, and one if the trees is near our house providing shade to our bedroom, and to the bedroom of Lola. Also the trees are not anywhere near the location of the site where he wants to build, he just wants a driveway that's a straight shot to, and I quote " to my house", instead of using the natural path we've been using for years.


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## Hey_Joe (Sep 13, 2016)

If your Father In-law's land was "titled" and subsequently legally partitioned and surveyed, the survey drawings "should" indicate the easements (right of way) for each of the 3 portioned lots. 

Read: 
The Boundary Agreement Process (BAP) and the Parcel Information Sheet (PIS) 
Section 85. 
b. Sketching Instructions 
3. All easements must be shown, including dimensions; 
https://server2.denr.gov.ph/uploads/rmdd/dmc-2010-13_111.pdf

I'm assuming the land is other than titled and was divided 3 ways. (This rock to that tree). 

Read:

Title III. - CO-OWNERSHIP 
Articles. 484 and onwards.
BOOK II (FULL TEXT) : CIVIL CODE OF THE PHILIPPINES : CHAN ROBLES VIRTUAL LAW LIBRARY

Your easement issue with your future brother in-law is likely the least of your issues you may face. 

I'm aware of situations where 1 co-owner pawned their portion, lost it and it the new owners created chaos as a new co-owner. 

To many "what if's" in this scenario. Particularly "what if" the 3rd sister marries a local, he uses their 3rd of co-ownership as collateral for a loan for a trike, gambling debt, etc. then loses it.


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

*Battling In-laws*



Balikbayan said:


> Hey Greenstreak
> First of all, I know a foreigner can not own land here, and the issues with trees are not that they are rare, it's the shade they provide during hot season, and one if the trees is near our house providing shade to our bedroom, and to the bedroom of Lola. Also the trees are not anywhere near the location of the site where he wants to build, he just wants a driveway that's a straight shot to, and I quote " to my house", instead of using the natural path we've been using for years.


Very sad Balikbayan that you have to battle another expat and it sounds like he's either off his rocker or his wife is part of the problem I can't see how his wife would allow him to run his mouth like that and to run a road to your house.

I wish you well and I know what you deal with I've had my own issues so many I can't list except for one and that is the woman seems to enjoy the fighting and they only add fuel to the fire so to speak without making sense of nonsense "Kids". Oh wait.... I'll list one my Internet or DSL line was sliced to ribbons and I just got it repaired today and all because they got angry with my wife for getting after them on a property issue and other things.

For sure the shade is needed here unless the brother-in-law is blessed with money and is willing to run AC 24/7, out of curiosity how old is he? I've saved so much money by planting trees before that the in-laws would cut them down.


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