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Help my family please!

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1 Help my family please! on Wed Aug 12, 2015 6:11 pm

Mhei Navarro


Arresto Menor

First I would like to thank for this opportunity to get legal advice in here.
I am mark 20 yrs old living in pasay city. My concern is, our neighbor blocked our canal which is crossing under their compound. We tried to talk to them to say na wala ng ibang pwedeng daanan yung tubig namin since MABABA yung lupa namin, then they told us that it is not our property anymore kaya wala na daw kaming magagawa kung gusto nilang barahan yung canal. Mosquitoes biting us because the water gets stocked on our backyard. Wala na po ba talaga kaming magagawa dun, knowing na pare parehas lang naman kaming informal settlers at walang land title?
I'm hoping that there's still a legal solution for this matter.
Thanks in advance

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2 Re: Help my family please! on Wed Aug 12, 2015 6:21 pm

Mhei Navarro


Arresto Menor
Please I need your opinion:( I and in behalf of my family are really begging for some legal advice.

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3 Re: Help my family please! on Sat Aug 15, 2015 6:08 am

isellnuts


Arresto Menor
Mhei Navarro wrote:
First I would like to thank for this opportunity to get legal advice in here.
I am mark 20 yrs old living in pasay city. My concern is, our neighbor blocked our canal which is crossing under their compound. We tried to talk to them to say na wala ng ibang pwedeng daanan yung tubig namin since MABABA yung lupa namin, then they told us that it is not our property anymore kaya wala na daw kaming magagawa kung gusto nilang barahan yung canal. Mosquitoes biting us because the water gets stocked on our backyard. Wala na po ba talaga kaming magagawa dun, knowing na pare parehas lang naman kaming informal settlers at walang land title?
I'm hoping that there's still a legal solution for this matter.
Thanks in advance

Your best bet is to raise the issue with your Barangay. Any issue/s that cannot be resolved relating to any matter/s must be first brought to your Barangay in which the have what is called Barangay justice. If still cannot be resolved they will certiify it, only then you can file a case to the court of law.

Here is a provision of our New Civil code which you can state when you file a case to your Barangay.

CHAPTER 2
Legal Easements

SECTION 1
General Provisions

Article 634. Easements imposed by law have for their object either public use or the interest of private persons. (549)

Article 635. All matters concerning easements established for public or communal use shall be governed by the special laws and regulations relating thereto, and, in the absence thereof, by the provisions of this Title. (550)

Article 636. Easements established by law in the interest of private persons or for private use shall be governed by the provisions of this Title, without prejudice to the provisions of general or local laws and ordinances for the general welfare. These easements may be modified by agreement of the interested parties, whenever the law does not prohibit it or no injury is suffered by a third person. (551a)

SECTION 2
Easements Relating to Waters

Article 637. Lower estates are obliged to receive the waters which naturally and without the intervention of man descend from the higher estates, as well as the stones or earth which they carry with them. The owner of the lower estate cannot construct works which will impede this easement; neither can the owner of the higher estate make works which will increase the burden. (552)

Article 638. The banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage. Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to the easement of towpath for the exclusiv

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4 Re: Help my family please! Today at 10:13 pm

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