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Property boundaries under dispute

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1 Property boundaries under dispute on Wed Dec 10, 2014 2:06 pm

Paul Fuller


Arresto Menor
A friend purchased about 5000m2 of farming land.
The title shows a road access along one boundary.  The adjacent neighbour has claimed part of my friends property including the road as his.  He currently has sugar cane growing there.

He is encroaching on land that is not legally his although he claims existing rights as he has been there for 30 years.  Several surveys have been done by independent surveyors and by the DENR and all show the neighbour is encroaching.
The case has been going on for almost 6 years and the Judge cannot make a decision even after being shown the survey maps.  My friend has had 4 lawyers who just give up after going to court and not making any headway.  I suggested to him that he takes the case to a higher court or appeals to the Supreme Court on the grounds that the Judge is unable to make a decision and ask for their intervention.
Are there any other ideas?? Question

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2 Re: Property boundaries under dispute on Wed Dec 10, 2014 2:25 pm

Katrina288


Reclusion Perpetua
You cannot appeal to a higher court unless the Judge has already rendered a decision on the issues involved.

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3 Re: Property boundaries under dispute on Thu Dec 11, 2014 7:02 am

Paul Fuller


Arresto Menor
So does that mean if the Judge cannot render a decision after 6 years the case just goes on until one of the parties gives up? The lawyers for the plaintiff and the defendant agree that the defendant is encroaching on the land. But the judge will not make a decision for or against either party!
Surely there are "rules of court" to avoid this situation?

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