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Easement Lot

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1 Easement Lot on Sat Feb 23, 2013 3:50 pm

angels2012


Arresto Menor
Good day!

I would like to ask for some legal assistance about easement lot. we built our house last 1997 in a lot for rent near guadalupe, the owner of the lot is my father's friend who passed away last 2011, as far as i know my father did not sign any contract or agreement it was only a simple verbal agreement that we will be renting a specific part of his lot, but every time we pay the rental we make sure that the owner signed the written acknowledgement that we made. early last year (2012) we found out that the lot we're renting is an easement lot which we understood that it is not part of their titled lot. now our problem occur when the real owner died the children and grandchildren divided their lot, split between all of them. one of the grandchildren informed us that they need to increase our rental since our house is big and we keep on renovating our house even if its internal, and if we will not abide the rental increase they need us to move out and they don't have any obligation to pay us co'z even if we belong in an easement area still it is their lot and it is their property and they all have the right to do whatever they want with the said lot. mam/sir here are my queries:
1. an employee from our municipality informed us not to leave since easement lot is a government property, it this true?
2. we we're also told by a friend that by the length of time we live in the easement area it is only the government who has the right to instruct us to move out, is this correct?
3. can we apply the said easement area we're living to denr so that we will be the one to pay taxes and have lot title?
4. can the children and grandchildren force us to leave without them paying us? since we are renting an easement lot?
5. can they be charge for selling or have it for lease, the easement area?
6. how much legal fee/attorney's fee will it cost us if we will fight for whatever rights we have in this situation?

we hope to hear from your response,and help regarding the problem my family is encountering right now.

thank you very much

-basr-

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2 Re: Easement Lot on Sun Feb 24, 2013 1:24 pm

jd888


moderator
1. an employee from our municipality informed us not to leave since easement lot is a government property, it this true?

Given that it is an Easement, you are still bound to vacate the area; Thus, it is an easement. It is Government concern to maintain accessesibility of the said Easement for Public use.

2. we we're also told by a friend that by the length of time we live in the easement area it is only the government who has the right to instruct us to move out, is this correct?

Yes. The party that is inconvenienced by the existence of your structure can request the Local Government Legal Office to Demolish your structure.

3. can we apply the said easement area we're living to denr so that we will be the one to pay taxes and have lot title?

NO

4. can the children and grandchildren force us to leave without them paying us? since we are renting an easement lot?

No, they cannot force you, but they can compel the Local Government Unit to do so. The rental is in the first place is verbal and should not have been necessary.

5. can they be charge for selling or have it for lease, the easement area?

In my opinion, they are not allowed to collect rental charges for it, it is irregular and illegal

6. how much legal fee/attorney's fee will it cost us if we will fight for whatever rights we have in this situation?

It all depends on the Law Firm you consulted with and the Lawyer him/herself.


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