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a very interesting topic about land, :)

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1 a very interesting topic about land, :) on Fri Jan 23, 2015 4:58 am


Arresto Menor
Hello attorney,

Recently we started some minor upgrade to our one story residential house. Then our neighbor who constructed a 3 story building with mirrors facing our house complain and demanded that we should stop contructing our 2nd floor upgrade for his reason that we exceeded for about .5 meter the fence that we built 5 years ago before he build his building, with his knowledge that we exceeded our measurement for about .5 meter he continued to construct his "building wall" beside our fence with no single space left out, as in dikit na dikit tlga ung wall nya sa fence namin 5 years ago also

And also for the main reason that his mirrors will be totally covered if we finish the said construction, and now after several years, he is now taking back the land that he claims "mine", he even filed a blotter to us in the barangay, commanding us to stop the construction.

1. Should we continue constructing our 2nd floor?
2.  Is it right to set up mirrors in a residential area facing to you neighbors house with out any space left out? And not on the road?
3. If we are the first one to register the land title, can he take back the .5 meter land that he claims we exceeded of?

Last edited by valery0168 on Fri Jan 23, 2015 5:01 am; edited 1 time in total (Reason for editing : mistake)

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2 Re: a very interesting topic about land, :) on Fri Jan 23, 2015 9:42 am


Arresto Menor
1. If your neighbor's claimed was supported by the meet and bounds described in his title i.e., you really exceeded and encroached portion of his lot then you should change the plan of your house before building it or kung mkakasakop talaga offer to buy that portion of lot from your neighbor otherwise abstain from building it dahil builder in bad faith ka of course di magsesetup ang principle of estoppel dyan against your neighbor kase he is exercising his right on time habang di pa kayo nkakapagtayo dahil kung pinatapos nya ang pagtatayo ninyo and eventually claim that the same is his sablay sya don in bad faith sya madaming twist yan pwede pa nya sabihin mere tolerance does not confer ownership no matter how long the possession
2. mirror facing neighbor's property it's okay but there should be certain boundary builder should follow as provided in the law on easement
3.assuming wala pang titulo yung lupa at nauna ka magpa titulo well the ownership should be confer to you as the registered owner but take note the element of good faith must be present (first to registered in good faith)kase kung lam mong di sayo at balak mong patitulohan in bad faith ka pwede nya yang ipavoid ang registration bahala na sya mag prove sa korte pero pag natalo yan sa kaso at alam mong di yan talga sayo my friend ingat ka sa riding intandem:evil: :evil

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3 Re: a very interesting topic about land, :) on Sat Jan 24, 2015 1:23 am


Arresto Menor
Thank you attorney for answering, we are in good faith when we build our house and the land when we rgistered it, we didnt know that our house has exceeded its size, and as a matter of fact ndi rn naman alam kung tama ung sa kanya, magpapasukat kami this coming sunday, but another concern , what if we had exact measurement of our land, and then again he claims that we should vacate that .5meter because there has a builded house beside his building.? We talked about that kasi in the barangay then he said " saan ko kukunin yung kulang ko "? Saan nga po ba ? And Malaki naba ang panalo namin dto if he brings it to court? And yes magingat kami sa riding in tandem haha. More power sir. Smile

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4 Re: a very interesting topic about land, :) on Sat Jan 24, 2015 9:26 am


Arresto Menor
Good morning, kung meron lumabis at kumulang it can only be settled pag nagpasuakt na kayo sa geodetic Smile

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5 Re: a very interesting topic about land, :) on Sat Jan 31, 2015 1:27 am


Prision Mayor
Hindi ba may building permit bago magpatayo o mag-improve ng bahay kung saan kasama ang lot location, building design, etc.? Di ba ini-inspection ang building pag natapos na para gawin ung tax declaration kung saan naruon ang lahat ng details ng lupang kinatatayuan ng building pati na ung assessed value para sa amilyar? Paano ninyo parehong sinasabi na sumakop ng 5 meters at ang isa nagsasabing hindi? Tignan kasi ninyo ung DENR survey ng lupa ninyo kung saan ang mga boundaries. Alam ko hindi ka makakapagpagawa ng tax declarations sa assessor's office na walang DENR geodetic survey. Opinion at idea ko lang ito.

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