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Need advice po tungkol sa lupa aming tinitirhan

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jpanlk


Arresto Menor
Ang lupa po na aming tinitirhan ay hindi naka-titolo sa amin, ngunit ito ay may matandang usapin ng aking mga Lolo. Mangyari po na ang lupa na yun ay dating pusali at tinambakan lamang, at pinabayaran lamang sa aking lolo ng isang kalabaw at isang baboy kapalit ng lupa.. ngaun po sa mahigit na 30 years naming paninirahan dun kami po ay nakatanggap ng sulat buhat sa isang abugado na kami po ay pinapaalis sa loob ng 15 araw lamang...meron po bang batas ukol dito?

Salamat po sa tulong nyo..

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attyLLL


moderator
what documents or evidence can you show that the property was purchased by your lolo or that he really paid with the carabao and pig?


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jpanlk


Arresto Menor
There's no existing documents that we can show as evidence that our ancestors purchased our land through "barter system"? However, the sons of the other party recognized it as a respect to their father, and even advised us sometime back to prepare formalities to transfer the title to our name. Unfortunately, the sons who respected the agreement of our lolo's died..and the other member of their family file charges against us with "Illegal Occupancy". Is our occupancy illegal, isn't the agreement of our lolo's enough to say that our occupany is legal?



Last edited by jpanlk on Thu Oct 28, 2010 8:46 pm; edited 2 times in total (Reason for editing : changed "forefathers" to "lolo's")

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jpanlk


Arresto Menor
Sir, in addition, it is worth mentioning that our house before was only "kubo" from 1976 up to 1998..then we started building a bungalow house little by little and completed it in the span of 2 years...my question is, why they did not advise us not to build such house and not to waste money because they want to take the land back? And Sir, if ever we lose this case, can we demand them to pay the amount of money we spent for the construction of the house? Is there any law existing regarding this? Our counterparts, aside from their greediness, they are rich and very influential people. Thank you for your help sir.

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jpanlk


Arresto Menor
Follow up questions:

Sir, do lawyers can send any “demand letters” to anybody without their information such as License No., Book No. and other information regarding his/her identity as a lawyer? How can we identify if the demand letter is true and not a forgery without asking the signatory?

Thank you very much in advance sir.

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attyLLL


moderator
is this a property where the title is registered in the register of deeds? is there a tax declaration? in whose name is it?

this is a question of evidence to prove this supposed barter. if you have none, then the court will only uphold the title. your mere declaration will not be enough. if all the persons involved in the sale are dead, then no one has personal knowledge of the sale. everyone's knowledge is just hearsay.

again, depending on the evidence, if you were builders in good faith, then you can be reimbursed for the house. if not, you stand to lose it completely.

I suggest you get a lawyer to review your case thoroughly. I am only basing my opinion from the info you give.

to determine if a lawyer is real, try to search his name on the internet. it should appear in the roll of attorneys or persons who passed the bar.


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jpanlk


Arresto Menor
Dear Sir,

I cannot answer if the land is registered in the register of deeds, but i am sure the tax declaration is under the owner's name. However, the complainant isn't the real owner, as far as i know, she only inherited the land. you are right sir, because she barely know what happened in the past.

We are builders in good faith sir, the owner is aware about our house construction, in fact the owner is just on the neighbourhood...

Sir, you didn't answer my important question. Do you think the owner is right to charge us "illegal occupancy" when their father given us his consent to occupy the land in exchange of the said animals and we are there for over 30 years without any conflict with the original owner?..please tell me what is our chance to win this case..and if we won, can we file charge to them like "infliction of emotional distress" because my mother's health suffers very much...

Thank you very much..

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attyLLL


moderator
mere possession does not ripen to ownership if the property is owned by someone else.

they can surely file a case against you. the more proper question is whether their complaint will prosper, and that depends on what evidence you can provide. from what you've told me you only have your word to prove that the property was sold to your ancestors, and everyone who was involved are dead. look for evidence.

worse, the property is still in the owner's name as far as the tax dec goes. have you been paying the annual real estate taxes?

if they file a case against you, then you can make a counter claim. no need to wait for you to win.

this is not to say you should just pack up and leave. get legal counsel and answer the demand letter.


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jpanlk


Arresto Menor
Dear sir,

sorry for the disturbance, i just learned from my mother that the son of the owner is still alive and willing to testify that the land was paid by my lolo to his father,,and the land was not included in their property that time...and not titled to anyone yet neither..even the employee of the agrarian is still alive and infact he is now a brgy captain nearby our brgy..he is also willing to testify that the land was acquired by the present owner some years later after our occupancy...that they only own a little portion of the land and they manage to register the whole lot under their name without our knowledge.

now that we have witnesses to testify in our favor..what is our chance to win the case?

FYI, the complainant is the wife of the real owner who already passed away..he himself gave us a word that there will be no problem for them regarding the land...

thank you very much sir,

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jpanlk


Arresto Menor
Dear Sir,

Can you please explain to me the Law regarding tenancy if there's any.

Thank you very much

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attyLLL


moderator
have those persons issue affidavits, but if this case goes to court, they will have to appear personally.

you can file your own case in court for quieting of title. if you win, the court might order the property subdivided and a title issued to you. good luck.


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dear sir,
may gusto lang po sna ako ikonsulta sa inyo.kasi ung lupa na kinatatayuan ng bahay namin ay hndi po smin.ang nangyari po kc dati ay nagkaroon ng usapan na ibebenta sa father ko ung bahay at legal naman po na naparehistro sa registry of deeds.may document po kming hawak.patay na po pareho ung father ko ska ung may ari ng lupa.ung anak na lng po ang namamahala.bale umuupa po kmi sa knya monthly pra sa lupa.nagsabi na po kmi na gusto namin bilhin ung lupang kinatatayuan ng bahay kaso ayaw po pumayag.mahigit 30 yrs na po kmi nakatira doon.nagyon po ay gusto na nila kmi paalisin.tanong ko lng po sna kung may karapatan po ba kami mag demand sa knila na bayaran ung bahay dhil gusto na nila kmi paalisin agad or kung pwede kami mag demand na bigyan kmi ng enough na time pra mkalipat.

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