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Help, I need your advice ASAP! Thanks in advance

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sallyfernandez


Arresto Menor
Our house is situated between 2 vacant lots. The lot in front of us is owned by Mr. M and the lot at the back is ours. We've been occupying this house for 33 yrs. now. This year, my mother overheard Mr. M selling his lot to a balikbayan for P250K. Upon hearing this, we approached Mr. M to inform him of our desire to purchase the lot in front of our house. He then agreed and gave us only two days to produce P300k cold cash no checks. We delivered the money at the designated time and asked him if we could check the papers before we hand him the money. With this request he got mad and told us that he is not selling to us anymore as we don't trust him. Isn't it normal for a buyer to check the authenticity of the pepers we are buying? Sad to say, he did not receive the money, instead he told us that he changed his mind and he will discuss this with his wife. Few months later, he placed garbage in his lot and the place looks like we have 2 tombs in front of us. Weeds grew in these tombs and the place looks awful.This month my mother noticed a surveyor in the lot and Mr. M announced to the neighbors that he is leasing the place to the balikbayan for 20 yrs. Yesterday, the contractor approached my ageing mother and told her that our terrace is sitting in the portion of their lot and needs to be demolished. I feel bad hearing this as our house was newly renovated last year and we didn't even moved an inch out of our property which belongs to us for more than 33 yrs. now. Can you please tell me what to do. Do we have the right of first refusal on the lot? How do we determine if they are telling the truth on the size of their property. We don't have much money to spend on attorneys and filing this case in court is expensive for us. Mr. M is a rich man but dislikes by most of our neighbors as he is arrogant to the poor and rich alike. He was called to the Barangay on several occasions and usually walked out when faced with complaints. How can i handle him? Please advice. Thank you.

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attyLLL


moderator
to determine if it is true that you encroached on his property, you will have to retain the services of a geodetic engineer to conduct a survey.

i'm afraid you do not have a right of first refusal. if they build on the lot, will you still have access to your own?


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sallyfernandez


Arresto Menor
Yes, we still have access to our house even if they build their own house. So, I guess we don't have any choice but to give in to their demands?

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attyLLL


moderator
not necessarily just give in, but you have to know for a fact if what they are saying is correct. don't rely on the mere say so of his contractor.

if you want to contest it, don't let them just demolish your terrace without a court order.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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afernandezuae


Architect
Hi mam Sally.

You mentioned that your house was newly renovated, just to ask if during the renovation of the house you secure the necessary renovation permit from the office of the building official, otherwise if no renovation permit secured on the renovation, and you did not comply with the required minimum 2mts. setbak frm the property line to the building wall thaen you are violating the provisions of PD 1096, the National Building Code of the philippines. take note that the 2 mtrs setback is measure from your property to your building foot print. however, the contractor has no right to give mandate to demolished your exixting balcony, the building official has the only authority and the court upon request by the office of the building official if it is found in violation of the National building code.


Arch. Alfredo A. Fernandez, UAP, LLB
Practicing Architect
Building Laws Lecturer
lecturer- Atellier Architecture Review

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