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right of way

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1 right of way on Fri Nov 09, 2012 12:38 am

ibasaen


Arresto Menor
I have bought a piece of land in Pangasinan near the main highway going to Baguio with the grant of the original owner (vendor) of the land of a right of way for me. In my land map which was duly registered in mid 90s, my right of way was properly indicated. Without my knowledge this year, and since i am working and living in Metro Manila, a big restaurant was put right on my right of way which, according to the restaurant owner, was permitted by the owner of my neighbor lot (owned by a former judge). He said that he has a lease contract with this former judge to "rent" that right of way. I was able to talk to the restaurant owner recently (Nov. 7, 2012) and he showed me his lease contract with that former judge for P3,500/month for the use of my right of way. The restaurant owner takes comfort in the thought that it is a former judge that he made a contract with. I want my right of way back. The restaurant is blocking my land now. What steps should i take? I am afraid that local government units might not help me because the former judge was a national justice official and known by all. Thank you.

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2 Re: right of way on Sun Nov 11, 2012 5:36 pm

shad_marasigan


Reclusion Perpetua
Ang right of way po is by operation by law, kung meron naman po kayong access sa highway, ma eextinguish na po yon at ung may ari ng lupa pede ninya na pong kunin yun. Wala na po kayong habol kung may daan na pong naitayo para makalabas kayo o makadaan papunta sa bahay ninyo.

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3 Re: right of way on Wed Nov 14, 2012 12:51 am

ibasaen


Arresto Menor
naku, correction po. di po pag-aari ng judge yun righ of way. i was able to talk to the original owner from whom i bought the lot, and he said that he never sold the right of way to the judge. ang right of way na binigay niya (orig owner) ay para sa lahat na lot owners, isa na ako dun. ngayon, latest ay binakuran na daw ng resto owner ang daanan at di na kami makakadaan papunta sa lot ko. can i now file a complaint with the barangay?

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4 Re: right of way on Wed Nov 14, 2012 6:34 pm

shad_marasigan


Reclusion Perpetua
Thanks for the correction. You can now go to the barangay for your complaint. If you wish, you can bring this up to the court and file a case against the usurper of the right of way.

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5 Re: right of way on Wed Nov 14, 2012 6:45 pm

ibasaen


Arresto Menor
thank you for the advice. but one thing that is worrying us when we would do legal action is... the usurper of the righ of way is a lawyer, once a judge/justice (but was removed from office)

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6 Re: right of way on Thu Nov 15, 2012 9:30 am

shad_marasigan


Reclusion Perpetua
He should have known this at the first time, the first time he sees this he should practice candidness and fair play. Please ask first for reconciliation and if this does not work, you can proceed with the filing.

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7 Re: right of way Today at 8:01 pm

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