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FIREWALL being CLAIMED By Our NEIGHBORHOOD

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1 FIREWALL being CLAIMED By Our NEIGHBORHOOD on Thu Nov 04, 2010 3:39 pm

ManG_NiLO


Arresto Menor
Good Day!

Ang problema po nagreklamo
po ang aming kapitbahay sa
brgy. na from 1985 - 2010
ginagamit daw namin ang
kanilang firewall.

My parents bought the house
from them. With low wall
existing already. My parents
told me that the existing
wall is within our lot
measurement. During 1997 my
parents decided to remodel
the house and make it
concrete. Along making the
wall high good for 2nd flr.
built.

Bago kami mabigyan ng titulo
nasukat ang aming bahay na
fully furnished na kaya
medyo may kamahalan ang
binayaran namin.

my question is:

kapag po ba may sobra dun sa
sukat ng lupa namin nung
time na sinukat iyon does the
surveyor will automatically
consult us?

Also, during the 3rd hearing
which is today, one of the
son said that "kapag napatuna
yan na kanila ang pader, they
can sue my mother for perjury.

is that true?

wala pang titulo ang aming
kapitbahay, at may problema
daw sa lupa.

does these considitions can
help us if they file a case
against us?

what shall we do about this?

LEGAL HELP!!!

thank you.

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2 Re: FIREWALL being CLAIMED By Our NEIGHBORHOOD on Thu Nov 04, 2010 10:24 pm

attyLLL


moderator
the wall between two properties is called a party wall. the presumption is that it is co-owned by both owners of the adjoining properties.

perjury will prosper only if a deliberate statement of falsehood is made under oath.

if the surveyor was aware of a problem, he should have told you immediately. if you were not aware of any problem, then you are builders in good faith and the property cannot be removed without payment.




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ManG_NiLO


Arresto Menor
Thank you so much attorney.

Such enlightenment for us.

IF the wall was found out a
party wall, what kind of
action will undertake to
solve the issue?

does it mean if we are builders
in good faith and the
complainant wanted to pay us
for the wall that had been built
is it possible to deny such
arrangement?

The complain existed after 25
years had passed. My friend
told me that it was prescribed
already. What does he mean
by that?

According to my parents,the
house was the only thing they
bought. The lot where the house
was built were only given as RIGHTS
to our neighbor.

Do we have an edge to upcoming
case if pursued?

Our neighbor does'nt have her
title yet. Does it mean if we
exceeded accidentally to our
lot boundries can we just pay
the additional measurement we
accidentally covered?

Just one more reply sir.

THank you so much.

Any help will be highly appreciated.

GOD BLESS!

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4 Re: FIREWALL being CLAIMED By Our NEIGHBORHOOD on Fri Nov 05, 2010 10:38 pm

attyLLL


moderator
if it is shown they are the owner, but you are builders in good faith, then the owner has the right to buy the wall.

prescription is a rule in law that after too long, the court will consider your complaint as filed too late.

you mean your parents bought only the house,but not the lot? do you have your own title?

you can offer to pay for the occupied portion, but it will be up to them whether they will accept.


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ManG_NiLO


Arresto Menor
Thank you attorney.

My parents bought only the house way back year 1985 - 86. The reason is the former owner of the house only have LOT RIGHTS to the lot where the house was built.

My parents successfully paid the LOT to the city government. We already have our own title BUT our neighbor doesn't have their own TITLE yet.

1.) So does it mean the complainant will not be successful in filing a case against us because of under the rule of prescription?

2.) if the wall will be considered a party wall, in layman terms the court will just dismissed the case and let the wall stand and be used by both parties?

3.) DO we have an edge because we have our own title already while our neighbor doesn't have?

more help will be highly appreciated.

THANK you so much sir... I love you

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6 Re: FIREWALL being CLAIMED By Our NEIGHBORHOOD on Sun Nov 07, 2010 11:30 am

attyLLL


moderator
nilo, again the first step is conduct a survey to determine whether the wall is still within the bounds of the property that is titled to your side.

everything else will just be speculation and unnecessary if it turns out the property is within the title. good luck


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