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Legal Remedies to Land Encroachment

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1 Legal Remedies to Land Encroachment on Mon Apr 29, 2013 4:45 am


Arresto Menor
My wife and I purchased farm land in Mindinao. After purchasing the land, a landowner of an adjacent property almost immediately began encroaching on my title. I paid for a geodetical engineer to survey the property. The engineer said that the landowner had encroached on my property and that he is currently occupying more land than his title allows for. We informed the landowner that he had encroached on my property with a his fence and planted crops. He replied that another landowner had encroached on his property and that he was taking a portion of my property to make his title whole.
I informed the the barangay kapitan of the dispute and he set up appointemts for mediation. The encroaching landowner refused to attend even one barangay lupon meeting. The barangay kapitan is now willing to send the case to the local court system. I have informed the encroaching landowner that if the case goes to court, then I would be forced to seek not only a writ of demolition, but also attorney fees and damages. He replied that he is poor and has nothing to lose. He said that he will not honer any decision the court makes, and that I can only lose money in the process.
The encroaching landowner has also told my property's caretaker that he is a member of the "NPA" and conveyed that he is "willing to kill" for the property.
I believe the encraoching landowner is only causing problems because I am a American citizen of Filipino decent and my Filipina wife is not orginally from this area.

I have two questions:
1)If the court awards damages to me... and the landowner refuses to pay... can I force a forclosure of his property as a form of payment?

2)If the court decides in my favor... and the landowner refuses to remove his encroachments... will it be legal to have my friends in the national police arrest him for land squatting?

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2 Re: Legal Remedies to Land Encroachment on Mon Apr 29, 2013 9:38 pm


Arresto Mayor
First, be sure that you have a dual citizenship or your Filipina wife`s name holds the title before you begin your battle in court. On death threat, there is separate law regarding this.

1. encroaching can be easily denied by anyone, much more if the property line or markers are no longer there. If you won the case (more likely), you can not easily take his land as payment. That is good, you discussed this with the bgy., and much better if you send him a demand letter to remove his fence without condition with lot plan signed by the GE. Build your own perimeter fence. he cannot oppose you with this, you have all the legal rights in your own property.

2. The court will decide in your favor for sure, the police will arrest him not for encroaching but for harassment and death threat, and just be ejected for illegal squatting. Your police friends will not move without court order or else...

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