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road right of way on remote area

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1 road right of way on remote area on Tue Mar 05, 2013 6:44 pm


Arresto Menor
I need your help guys,

We have a land here in Lapu-lapu City Cebu, part of it which is exactly in the middle of our land was use by some of our neighbors as one road to pass on foot to their houses. They were so use to it since they have been using it for years ( though other 2 alternate roads exists). We decided to fenced the area and reroute the path which our neighbors can use. Can they force us to remove the fence even if we gave them a new road to pass? we fence the area mainly for security and to control the entrance and exit, because we have been victims of theft because anybody can pass or choose to pass in our land and other land abuse like neighbors are throwing their garbages on our vacant land. please help....thanks

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2 Re: road right of way on remote area on Mon Mar 11, 2013 10:21 am

tsi ming choi

Reclusion Perpetua
jeanievie wrote: Can they force us to remove the fence even if we gave them a new road to pass?

No. Regardless of giving them a new road or not, because there exist another two(2) alternate roads.

It is your right to put fence or anything in your property, it is one of the attributes of ownership, that is to do whatever you want to do on it.

However, it would be different if THERE IS NO other way or passage to pass on to their respective houses, by which in this case, you as a servient state must, under the law PROVIDE for their passage.

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