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I need HELP to know the legal stand.

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1 I need HELP to know the legal stand. on Sat Mar 03, 2012 12:13 am

boknoy


Arresto Menor
Hi All,

I need HELP from you guys.

My auntie living for more than a century in a piece of land owned by their relatives being informed that she can't stay there any more.She asked why, simple answer they wanted it, knowing it is an agricultural land - a sugar cane plantation and not much profit in there. I just feel sorry for she don't want to leave although she can be with my family (perhaps she considers it as a comfort zone?). Sad thing is, the owner who were first cousin of her father died years ago and taking control now is his son and daughter. They just verbally divided the land. The part where my auntie stay owned now by the daughter whom the children ask her to leave. Do they have the right to force her to leave? I have read adverse possession can it be applied so that may auntie can stay there or even claim that land? It is only a verbal agreement that this land is given to her family before.

By the way it is just approx 200 square meters, a nipa hut at the center and surrounded by fruit bearing trees planted by a late 60's unmarried Auntie.

Looking forward for any legal advices...God Bless

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2 Re: I need HELP to know the legal stand. on Sat Mar 10, 2012 9:39 pm

redpula


Prision Correccional
is the land titled or any will, instrument to proved that it was awarded, purchased or mortgaged to any of your aunties predecessor?,and since it is a mere verbal instruction to vacate, and if the land is still untitled despite long years of occupation it will fall on a category which the law called an incomplete title. if there is no proof that it was titled and divided then those relatives of yours can not evict your auntie. Adverse possession is a different thing and can not be applied with your auntie's situation.

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3 Re: I need HELP to know the legal stand. on Fri Mar 16, 2012 1:01 am

boknoy


Arresto Menor
redpula wrote:is the land titled or any will, instrument to proved that it was awarded, purchased or mortgaged to any of your aunties predecessor?,and since it is a mere verbal instruction to vacate, and if the land is still untitled despite long years of occupation it will fall on a category which the law called an incomplete title. if there is no proof that it was titled and divided then those relatives of yours can not evict your auntie. Adverse possession is a different thing and can not be applied with your auntie's situation.

Thanks a lot for the reply...
>>it is still a mother title which under the name of their father who verbally vacate that space...
>>so does it mean the moment it will be divided and titled to his children they can now evict my auntie? if so i will explain to my auntie that no point to make good of her house

Once again thank you and God Bless

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4 Re: I need HELP to know the legal stand. on Fri Mar 16, 2012 3:03 pm

redpula


Prision Correccional
since it is undivided they co-own the land, hence, they cannot evict your auntie because under the law, all co-owners are of equal right, until such time that said land is titled and divided.

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5 Re: I need HELP to know the legal stand. on Sat Mar 17, 2012 11:00 pm

boknoy


Arresto Menor
Thank you so much Sir...

More Power and God Bless

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