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Property Inheritance and Land dispute

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1 Property Inheritance and Land dispute on Thu Oct 17, 2013 5:54 pm


Arresto Menor
Problem:  Who is the rightful owner of this land?

Location: Some province in Cebu

Land in dispute:  Only tax Declaration in the name of “ heirs of Alipio”, land measures 2500sq. meters. Heirs are the 5 kids.

Alipio is already dead. He has 5 kids.  Desideria (deceased) Dulfa, Quilia, Eleodoro and Leo.

Concern of this letter:  Leah ( daughter of the deceased Desideria), Leah has other 8 siblings.

1.)     Leah reside and possess and cultivates the place since she was born (58yrs now)
2.)    Leah build her own house on the lot on 1983. (30yrs now)
3.)    Leah paid the realty tax since 1987, receipts are intact. (27yrs now)
4.)    Leah bought the shares of DUlfa, Quilia and Eledoro (with deed of sale)
5.)    All other siblings left and stayed in manila since 1980’s
6.)    All other siblings has no structure built in the area.
7.)    The old house of Desideria was long gone since 1990 its destroyed by its own due to age.

Leahs structure  in the area.
1.       2 bedroom House
2.       4-door pig pen
3.       Bahay kubo


Desideria has 9kids and Leah is one of those.  This month Leah started to repair her kitchen (make it concrete) but one of the siblings  who used  to stay in manila arrives and  file a case in the barangay level of land dispute in the grounds that the land is not of leah and is still to be divided among the siblings.

1.)    Is it lawful for them (leah’s siblings) to let Leah vacate the place since the lot is common?
2.)    Does leah have the right to possess the lot and claim it as hers and register for title?
3.)    What is Leah going to do now?
4.)    What are the steps leah needs to do?
5.)    Can Leah’s other sibling have the right to claim the house that leah built as common? Does the siblings have the right to get in and out of the leah’s house telling her it is common because the land is common?

Please advice.

Thank you so much.

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