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PLEASE HELP: Home firewall destroyed because neighbor nailed kitchen cabinets directly on it

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angie


Arresto Menor
Hi!
I live in a low-cost housing subdivision. Just recently (when rains have been occurring more frequently), I noticed that the the wall on my room (firewall) had a lot of long, spidery, cracks. Then after several weeks the paint on it began to appear as if it had some bubbles inside, some looked liked it was popping out because they were protruding. I hired some carpenters to check this problem. I was shocked when they told me (after thorough checking up to the roof) that my next door neighbor used my house's firewall as their own wall for their kitchen! They installed several kitchen cabinets and nailed it directly on my wall. This has caused cracks and when their is rain, the water would seep through it and thus resulting to the "bubbles" i see on my painted wall. Furthermore, i am scared to use the electric socket on this same wall, fearing the water has reached the electrical wires and spark up if I use it. I tried talking to my neighbor about it to no avail. They do not care. I have taken some pictures of their kitchen cabinets attached directly to my wall in case it comes to court battle. Please help me. Guide me what I could do. Where should i make a proper complaint and on what grounds? I would greatly appreciate any legal advice. Thank you.
[/justify]

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attyLLL


moderator
first step, you have to come up with a costing how much to fix it and restore it to its previous state, then send a demand letter to your neighbor to pay for it. keep it courteous.

next, file a complaint at the barangay. if no settlement is reached, you will be issued a certificate to file action.

finally, hopefully the amount to fix it is less than 100k. you can then file a small claims case at the Municipal trial court. you will not need a lawyer. rules on sc.judiciary.gov.ph


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angie


Arresto Menor
Hello!
Thank you for the speedy reply. I did some further inquiries and found out that the one living in the house (neighbor) is not the actual owner of the house and was just actually renting it. The real owner is working oversees. How do I proceed with the case? THANK YOU.

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attyLLL


moderator
your cause of action is against the one who caused the damage to the wall.


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angie


Arresto Menor
But the one responsible for it is the owner who is, at present, living abroad as an OFW. Is it possible to file a case against someone who is not living in the country at the present? I am sorry but I am not knowleadgeable on legal matters such as this, that is why I am imploring your very helpful legal advice. Can I not demand from the ones presently occupying the house? The real owner made an extension of their house years ago. We were only recently aware that they used our firewall as their own kitchen wall because we asked the present settlers (the one who is renting it now), politely to let us into their home to see the root cause of our damaged wall.

Again, THANK YOU and more power.

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attyLLL


moderator
go back to my 2nd post. instead of just the neighbor, add the owner. i'm sure there is an administrator somewhere because the neighbor has to be paying somebody.


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EASatorre


Arresto Menor
I have a similar yet a different case as yours. Our neighbor used the side of our house to build a certain wall for the expansion of their second floor. I argued politely with them since their are my cousins. However, they insist that they build it for the purpose of building a firewall. Obviously it is not since they already put on some hollow blocks and use the side of our wall to build its foundation. Here's the photo that i took from their premise, i maybe right or wrong about this. I really need your expertise about this cause this is about to result to an unhealthy confrontation. Thanks.

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