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land dispute

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1 land dispute on Sun Feb 10, 2013 7:42 pm

xinxiyie


Arresto Menor
Magandang araw po sir, bumili po kami ng lote sa amin na pagmamay-ari ng kamag anak namin. Hindi pa po kami nagpapagawa ng Deed of Sale dahil kasalukuyang may problema sila noon. Ngayun may isang pamilya na nagki-claim na sa kanila yong lote pero yong declaration ng relative namin ay nauna pa sa declaration nila. Yung kamag anak din namin ang nagbabayad ng tax ng lote. Kapag nag iimprove kami sa binili naming lote patitigilin nila kami at magpapadala sila ng pulis para patigilin kami. Ano po ba ang dapat naming gawin? May magagawa ba kami para matulongan namin ang kamag anak namin.

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2 Re: land dispute on Sun Feb 10, 2013 8:09 pm

jd888


moderator
Mag-pa-Summon kayo sa Baranggay, File kayo ng Complaint of Detention of Private Property.


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Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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3 Re: land dispute on Sun Feb 10, 2013 8:50 pm

xinxiyie


Arresto Menor
Salamat po sir sa advice. Isang tanong pa po, pwede po bang magfile ng protection against harrassment at kanino dapat mag file?
Salamat po uli... : Smile

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4 Re: land dispute on Sun Feb 10, 2013 10:03 pm

jd888


moderator
Determine whether you feel harassed or threatened enough to file a restraining order. You may want to ask for assistance from an attorney or law enforcement officer to determine whether this is the best course of action for you. Remember, if you do not have sufficient cause to file a harassment restraining order, it can be easily overturned. Ask a law enforcement official or attorney how to file a harassment restraining order in your particular jurisdiction. While the procedures may vary slightly, depending upon where you live, generally you will have to fill out specific forms for the restraining order and file them with a city or county clerk. While most restraining order forms come with directions on how to file the paperwork, you may want to have an attorney or law enforcement official review the paperwork with you. Note that the initial harassment restraining order will be a temporary restraining order (TRO), with an expiration date that will occur anywhere from five to 15 days after the filing date. This gives the court a chance to review the order, and to decide whether or not to make it a permanent restraining order (PRO). Decide whether you want to pursue a permanent harassment restraining order after you file the TRO. In many cases, a PRO will not be filed, especially in cases of domestic disputes, where one of both parties may reconsider. If you decide to file a PRO, however, it may be wise to hire an attorney to protect your interests and to make sure the court hears your case properly. Refuse any contact with the restrained party after you file the harassment TRO. By appearing unsure or wishy-washy about your own desire to be protected, you will certainly sabotage any legal efforts to turn your TRO into a PRO. Note that while a restraining order is usually filed under the supervision of local law enforcement officials, the scope and involvement of such officials varies according to jurisdiction. Therefore, the best way to enforce a restraining order is to deal with the court directly and let a judge instruct law enforcement on how to assist you.


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Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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5 Possesing land with structure on Tue Feb 12, 2013 2:29 pm

carmen_inc29


Arresto Menor
Hi,

I would like to seek an assistance regarding the land which i bought thru deed of absolute sale(Papers including land survey are still in the process of notarization but both parties signed already.)

The issue is when i bought the land, there was structure. A very old/ugly house. Old owner removes all their things already and they are aware when i started possessing the land...Everything is fine at first... So started renovating and removing some walls already. Then suddenly they are running after to those irons inside the old walls and flooring and they are asking me to pay those irons inside their walls even those sand, cement they used when they constructed the house.

Tulungan nyo po ako please... kc gigibain nila yung bahay na pinaayos ko na pag hindi ko daw sila binayaran dun.


Salamat po.

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6 Re: land dispute on Tue Feb 12, 2013 6:28 pm

jd888


moderator
Yes, you need to pay them for it, but of course lesser amount, try to contract a third-party assessor of how much to pay for their Construction Materials.

You are bound by Law because they are Builder in Good Faith.

Art. 455. If the materials, plants or seeds belong to a third person who has not acted in bad faith, the owner of the land shall answer subsidiarily for their value and only in the event that the one who made use of them has no property with which to pay.

This provision shall not apply if the owner makes use of the right granted by article 450. If the owner of the materials, plants or seeds has been paid by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor. (365a)


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Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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7 Re: land dispute Today at 8:21 am

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