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farm owner wants the farm back

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1 farm owner wants the farm back on Thu Dec 09, 2010 2:06 pm

bebe


Arresto Menor
Please give me advice. I am now responsible for our farm. When my mother was alive she asked a relative to take care of our land, this relative is renting the farm, he is the one who paid the taxes in 1998-2003. This relative is asking the farmers to pay him the contribution since he’s the one paying the taxes, the farmers are paying him sacks of rice and this relative is also paying us sacks of rice.

Since 2004 upto 2009 this relative has not paid the tax. To make the story short, this relative isn’t honest... I want to be the one responsible for our farm, so I don’t want this relative to rent the farm anymore, there was no contract, no written agreement. He said he has planted trees, and wishes me to pay him for the trees he has planted, does he have the right to say that? What does the law say about it? It’s our land, but it’s his plants, can he just cut the trees he has planted? Since it was my mother who knew about the trees in the farm, I don’t know really where are those trees that was already there before this relative rented the farm.

This relative is also telling the farmers not to plant anything (they have personal issues) what does the law say about it? Can the farmers plant fruits/trees if I give them permission even if someone is renting the land?

Please tell me what I need to know. Thank you very much.



Last edited by bebe on Thu Dec 09, 2010 2:10 pm; edited 1 time in total (Reason for editing : wanted to explain more)

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2 Re: farm owner wants the farm back on Thu Dec 09, 2010 6:31 pm

bebe


Arresto Menor
hello Pls advice!

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3 Re: farm owner wants the farm back on Thu Dec 09, 2010 9:34 pm

attyLLL


moderator
let's step back first regarding ownership of the property. is there a title in the name of your mother issued by the register of deeds? has your mother's estate been settled by payment of estate taxes and the title transferred to your name?


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4 Re: farm owner wants the farm back on Fri Dec 10, 2010 11:08 am

bebe


Arresto Menor
Ok... it's a very long story... I am an heir of that farm land. My parents are dead now. The title is still in my greatgrand parents name, it's all verbal. But the title is with me and is relocated already, so I know which part of the lot my mama owns.

So, there was no written contract. But my mother gave this tenant permission to plant trees, can this man cut the trees he has planted without my permission, he is debating that it is his trees, but it's our land...

I can take the farm land anytime I want I believe? It's not under agrarian. But what about the trees he has planted? Is he right to say he will let me pay or if I dont pay him, he could just cut the trees or pull all the plants he has planted?


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5 Re: farm owner wants the farm back on Fri Dec 10, 2010 9:58 pm

attyLLL


moderator
without an agreement to the contrary, the trees are considered part of the land and also owned by the property owner. i think your best remedy is to reach a settlement with him so he can peaceably vacate the property.

if this goes to litigation, you can try to eject him, but the ownership issues will come out because the title has not been transferred.


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6 Re: farm owner wants the farm back on Fri Sep 30, 2011 3:36 am

bernalina piezas


Arresto Menor
hello atty.LLL & Bebe,ive been searching for relevant topics of parents problem w/ our bought property,titled 3 hectars agri.land.Binilin ito sa sis ng father q with out contract signed when they left to migrate in US last 2006.As land owner we get 1/4 of gross product of the land.But since my aunt sold our carabao mga july2010 without our knowledge,the conflict started. My aunt wont give us our 1/4 share of rice if wala kami title nang land ipakita sa kanila(title release dec.2010 from LAMP).Inaankin na nila ang carabao,and because of carabao and rice issue my father wud like to eject my aunt from our land.We already met in LGU DAR and we were told that it will take a long process.My aunt demanded for 100thou or five years na sila ang magharvest tapos wala kaming share tapos aalis na sila lupa.
I would like to ask:
1.reasonable po ba ang demand ng aunt q?
2.may nagawa silang violation,ang d pagbigay nang 2 harvest share sa amin..dba enough reason ito for ejectment?
"Please give me an advise atty.LLL"

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7 Re: farm owner wants the farm back on Fri Sep 30, 2011 7:43 pm

attyLLL


moderator
isn't there an annotation on the title that the property cannot be sold?


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8 Re: farm owner wants the farm back on Tue Oct 04, 2011 4:22 pm

steanna


Arresto Menor
hello, I have posted our case few days ago yet I have not received any reply so I decided to repost it, just i case I might get an answer, hope you can give an advice. thanks

Our property was taken unlawfully from us more than 10 years ago. Because of the threat in my mother's life and for lack of resources as well, we only made actions to recover our property only a year ago. The people who unlawfully took possession of our property leased it to several lessees. When my mom came back to the property and talked to the lessees, they turned over the property back to my mom extrajudicially, comes now the lessor who unlawfully possessed our property, she filed a case of forcible entry against my mom. does she have the right to file such action, since she is not the lawful owner and has waived her right of possession since she leased the property which is not even hers? please shed us light on this. thanks

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9 Re: farm owner wants the farm back on Wed Oct 12, 2011 1:03 am

steanna


Arresto Menor
hi, why don't i get any reply from you?

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10 Re: farm owner wants the farm back on Mon Oct 17, 2011 8:21 pm

attyLLL


moderator
to be honest, property questions can be them most complicated.

did your mom and the lessee meet at the bgy?


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