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Right of way in private lot

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1 Right of way in private lot on Thu Jul 18, 2013 2:15 am


Arresto Menor
Good day, Atty.

Ako po sana ay matulungan nyo po sa aking katanungan, May nabili po kasi kami na lot dati po ang lot po na iyon ay pinababayaan lang po ng may ari po kasi po sila ay nasa malayong lugar, kaya nga naging bakanteng lote po naging daanan po ng mga tao kahit po saan gusto dumaan ang mga tao,  katabi lang po ito ng maliit po namin na bahay.

Kaya po ng ibenta po ito sa amin  agad po namin itong  binili kasi po dati almost kitchen namin ay nakadikit na doon sa kabila lot. After po nabili po namin ito binakuran po namin ang lot karugtong na po na house po namin ang bakod nagbigay po kami ng 2.5 meters po na daan sa gilid na lang po isang way na lang po hindi na po tulad noon na may daan po sa gitna may daan po sa gilid para po maging maayos po ang daan isang way po binigay po namin.

Ang naging problema po yong mga tao po dumadaan doon nagagalit po sa amin bakit daw po namin binakuran ang gusto po nila daan yong sa gilid pa din po ng kitchen namin between po ng nabili nmin na lot at sa house namin at yong iba naman po gusto sa gitna ang daan, hindi po kami pumayag kasi po nagbigay na po kami ng malaki po na daan ayaw po nila doon dumaan kasi daw po iikot na sila gusto nila shortcut na daan kung saan saan nila gusto dumaan.

Hanggang kahapon po nagaamok po yong isa sa pamilya po dumadaan doon kasi po marami silang magkakapatid na lalaki pilit po nila pinapalabas sa bahay namin ang asawa ko buti po nagkataon na wala doon ang asawa ko at yong bakod po namin na bulbwire po tinanggal po nila.

Yong nanay ko lang po at mga anak ko po ang nasa bahay may sakit nga po nanay ko kaya nahimatay daw po ang nanay ko, buti po naagapan ng pinsan ko po na kapitbahay po namin.

Ano po ba ang dapat namin gawin para po matanggap na po ng mga dumadaan po doon na iyon na ang tamang daananan at ano po dapat ikaso  sa kanila pinagbabataan pa daw po sila na kapag hindi tinaggal namin ang bakod namin babalikan nila ang asawa ko.

Ano po ba karapatan ng mga dumadaan doon sa lupa namin ang sabi po nila lagi dati daw po na may daanan sa loob kaya hindi daw po namin dapat bakuran,tama po ba iyon? kahit nagbigay namn po kami ng daanan nila Wala po doon right of way private property po iyong lpa po na nabili namin.

Ang gusto po sana namin ideretso na po sa court  pwede po ba iyon kahit hindi na po dumaan sa baranggay kasi po nagpunta po sila sa bahay po namin naghahamon po sila sa asawa ko. paki adevise po kami ng dapat  naming gawin.

Thank you very much po.

Best Regards,

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2 Re: Right of way in private lot on Sun Jul 21, 2013 3:27 pm


Reclusion Perpetua
(I'm bad at Filipino languages, so I understand only part of what you are writing, but perhaps I can assist a bit.)
As I have understood Filipin law, no one can be locked in, they get right of way somehow.

But I suppose the owner who need right of way can't demand WHERE he get right of way, because it would be odd if the owner of the GIVING right of way land don't get the right of chose where. I mean perhaps a longer way e g in end of his land, but still where it's similar possible to have a road, not OK to chose steep hills instead of flatland Laughing 

It's more complicated, when there are more than one land, which can be used as different alternatives to get right of way to reach the property, because then it's needed to decide passing at which land too.

That's the LEGAL part.
How to handle it in PSYCHOLOGICAL point of view, how to keep peace enough with Filipin neighbours, I suppose Filipins can advice much better than I Smile 

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3 Re: Right of way in private lot on Sun Jul 21, 2013 9:47 pm


Arresto Menor
Thank you for the advice.

Actually we give the right of way on our own lot we didnt bother the other side only the things that the people passing on it want the other side which is close to our house and will make our lot divided into 2 parts,  beside the way that they are asking is sloping area which during rainy season make the road slippery thats why we choose the upper side and little bit away from our house,  and we clean and cut the trees to be passable to all, the problem also that our neighbour  dont want to give the right of way to pass going to the next house and the people blaming us, beside that person who dont want to give right of way  need to pass in our area before they reach in there house i dot know why they are like that maybe they are just making problem to us.
The case is that theres a family of 3 guys who went to our house and forcely removed our fence and they gave threat to my husband, its good that my husband is not there that time only my mother and my 3 years old daughter is there, it cause also my mother collapse because of nervous.

We went to baranggay official and they said if we will not give what they want they will never stop, iam confused of the official advice instead of advising the people to stop what they are doing and explain to them that what they done is wrong he gave that statement to us.

That make us decide to bring to the court because of the threat we received.

Hope you understand my statement

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4 Re: Right of way in private lot on Wed Jul 24, 2013 1:18 am


Reclusion Perpetua
(No problem understanding you. I just have some problem understanding when something is written in a Filipin language, because I have only learned a litle yet.)

Oh! Very odd they blame you, when you have given right of way allready.
Or are you "foreigners"? =some villagers even count people from next village as that Smile and some villagers don't like any moving there, while some villagers are very friendly.

Have you went to court yet?
If not, I suggest you WAIT doing that. Specialy in neighbour cases it's the LAST alternative, because it's a risk everyone will lose if it become a court case, because undepending of who winn the case, it's a big risk the neighbour contact will go on being hostile...

Yes, some officials do a good job, some don't... I don't know if you can demand they do a proper job if needed.

Specialy in neighbour cases it's best if things can be solved by direct TALK. Have you talked to and asked them BEHIND your neighbour why they blame you?
If not, it's perhaps just a missunderstanding, your neighbour IN BETWEEN has perhaps told them behind a LIE about you, so it can perhaps be solved by just talk to them behind. I don't know the personality of them behind. Is any of them calmer? Perhaps worth bringing something eatable to them behind and go there and talk to them, or offer something when they pass your home, to get a talk started to get to know why they are irritated at you, although you have done your part already.

Some neighbours are good, some are bad, and even if they are good they can sell to someone bad.
(That's why I don't want to have neighbours, and will try to avoid geting any, when I will look for land. I mean any living there, it's ok to have forest or such around, forests don't disturb much Smile

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