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Neighbor Encroachment on Land

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1 Neighbor Encroachment on Land on Tue Nov 03, 2015 11:54 pm

cutewilly2001


Arresto Menor
Good day po,


I have a neighbor who used our land for their personal business without our knowledge, they even named it after my grandfather where we later found out that the name of my grandfather was even mis spelled. When we transferred and decided to have a house built they have encroached about 3 meters of our land, we have asked them to move but they refused. Because of the encroachment our loan was declined. Our house is already built and we are thinking of filing it in court. We already went to the barangay and they have given us a certificate to file action. Do you know know how much it would cost for a lawyer to handle this case, and if there are any that you could recommend? Are there any other cases that I could file against them? Thank you in advance!

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2 Re: Neighbor Encroachment on Land on Wed Nov 04, 2015 12:21 am

Lunkan


Reclusion Perpetua
Why didn't the baranggay captain decide a SOLUTION??

Baranggay Captains have juristiction to evict people, often giving them a time limit, and if they still don't move, they are moved by police. Isn't the case that clear?

Or he can suggest a MEDIATE solution e g
/they BUY the land piece and pay all extra costs
/they LEASE that part of your land. It can be a higher fees, because they have used it long time without permit from you...

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3 Re: Neighbor Encroachment on Land on Wed Nov 04, 2015 12:27 am

cutewilly2001


Arresto Menor
The barangay captain or the entire barangay here is useless, since we are new they always kept on saying that we should be the ones to understand. About the lease and payments, we ended up paying for taxes when we were building the house, the city hall said that there was a structure build on the land. They were boastful when we told them that they used our land, and said that " Di naman kami yumaman sa lupa nyo!"

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4 Re: Neighbor Encroachment on Land on Wed Nov 04, 2015 1:43 am

Lunkan


Reclusion Perpetua
Yes, some Baranggay Captains are useless.  (But that's BETTER than if he had been ruled in favor for the other by a bribe...  Laughing

What does your neighbour say if YOU suggest one mediate solution?
Tell them you will go to court if they don't agree to a solution you can say ok too...

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5 Re: Neighbor Encroachment on Land on Wed Nov 04, 2015 1:57 am

cutewilly2001


Arresto Menor
They are just laughing, they kept on saying go ahead and loose all your money. This is why I wan't to give them what they want, I was hoping if you could recommend a lawyer who knows how handle such issues and or if anyone knows how much it would cost for me to file such case.

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6 Re: Neighbor Encroachment on Land on Wed Nov 04, 2015 2:45 am

Lunkan


Reclusion Perpetua
Sorry I have no such contacts in the Philippines. I hope someone else can answer that.

I don'y know, but isn't the LOSER of such cases in the Philippines pay BOTH lawyers?

Are they dangerous? What happen if you just TAKE back your land, let a tractor or something tear down their building at your land? Smile

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7 Re: Neighbor Encroachment on Land on Sun May 20, 2018 10:52 pm

Mathilda


Arresto Menor
Hello,
Me and my sibnlings have a problems with regards to our father's lot in the province which is still in the name of our Grandfather untill they both died. The house built by my father is still erected there, we migrated to Manila somtime in 1970's and some of my cousins who were then were like caretakeres of the house are living there for more than a decade, and don't want to leave the house. The house was not abandoned, since every year we go there. Now that we are claiiming it, & want build a new house, they don't want to give it up and threatened us that they have a claim & will file a case in court. By the way, my parents were the one paying the property taxes, Both parents are dead now.

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