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Land Issues

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1 Land Issues on Tue Dec 22, 2015 9:59 am

dashmendoza


Arresto Menor
Need legal advice for this:

We are living in a government property, but my Lolo was given the rights. Before he died, he divided his rights among his 8 children - 5 of whom were already dead.  For some reasons, his children did not follow the allocation of the lots, but no one objected until my mother died and two of my uncles.

Six years have passed since my mother died, two of my aunts have started to ask money from us because the lot where our house was built was named to them. It was settled at first because my only living uncle intervened. However, the problem arose again when an interested neighbor wanted to rent the "sari-sari" store space in our house. My aunt wants to get half of the rent. I told my siblings not to give any amount of money to them.

I was wondering if there is anything that we can do to stop them from asking money from us. They have been borrowing money from my mother when she was still alive and now they are demanding us to give money to them just because the house that we are living is built on the lot that was named to them.



Last edited by dashmendoza on Tue Dec 22, 2015 1:18 pm; edited 1 time in total (Reason for editing : Wrong grammar)

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2 Re: Land Issues on Tue Dec 22, 2015 10:57 am

Lunkan


Reclusion Perpetua
That's a common mess in the Philippines by inheritance splits are done proper mostly.

"My aunt wants to get half of the rent. I told my siblings not to give any amount of money from them."
That's redicilous. But don't say that to your aunt before this is solved Smile

Solution ideas:
A. BUY the land squaremeters the aunt is arguing about. With CONTRACT she sign.

If A don't function, then you can think of B or jump direct to C.
B. If she do't agree to that, you can try to get a LONG time LAND lease deal. (25 + 25 years.) It's only of the LAND, bevause I suppouse the house is yours. But house WITHOUT lease contract at someone else's land belong to the land owner...

C. Ask your Barangay Captain for assist. Ask solution A as first option.


Reserve plan or if she go on after it's solved legaly:
Such people as your aunt will allways be parasites. Hard and often expensive to solve such land owner mess, so problem to solve it by that.
Has the aunt loans to your mother or to you, which she hasn't paid back?
If so, you can remind her of them every time she ask for money... Laughing

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3 Re: Land Issues on Tue Dec 22, 2015 1:24 pm

dashmendoza


Arresto Menor
Thank you for the reply.

I think I will have to go to the Barangay Captain for assistance. We had enough of my aunts demanding money from us. They've been borrowing money from my mother when she was still alive. In fact, my mom was the one who paid for the tuition of two of my cousins and the wedding of one of my adopted cousins. And yes, they still owe my mother some money, but we did not bother to ask for it anymore because we know they won't pay it anyway.

But just a clarification, the land is owned by the government, we were only given rights and the title that they are holding has a watermark 'Cancelled'.

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4 Re: Land Issues on Tue Dec 22, 2015 6:57 pm

Lunkan


Reclusion Perpetua
" they still owe my mother some money, but we did not bother to ask for it anymore because we know they won't pay it anyway. "
I didn't mean saying it to aunt to get the money back,
just to tell her EVERY TIME she ask for money to make her stop asking Laughing

"But just a clarification, the land is owned by the government, we were only given rights and the title that they are holding has a watermark 'Cancelled'.
Perhaps that "Cancelled" change this, but normaly Rights can be inherited and sold too, but are worth less than Titled. If the Rights has been in same family at least 10 years and property taxes are paid many years, then it's CHANCE to get it titled so the government GIVE it to the user. If since close after WW II then it can be claimed.
I don't remember what that "Cancelled" mean. It was found out in an other topic in this forum recently (=I believe during the last week.)

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5 Re: Land Issues on Wed Dec 23, 2015 9:50 am

dashmendoza


Arresto Menor
Yes. I think we are going to ask them to pay for it. I want them to stop demanding money from us. They want to oblige us to give money to them because my mom used to support them financially and they think that we should do the same.

One more thing, there has been a rumor that our area will be demolished and we will be placed on a relocation site. I don't think my clan has paid property taxes, my mom has not mentioned it to us, and she usually tells us about things like that. So, I really don't get the point of fighting for a piece of land which will eventually be seized by the government.

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6 Re: Land Issues on Wed Dec 23, 2015 8:03 pm

Lunkan


Reclusion Perpetua


"They want to oblige us to give money to them because my mom used to support them financially and they think that we should do the same. "
That's odd "logic" by your aunt. I think it's her turn to support you Laughing

"One more thing, there has been a rumor that our area will be demolished and we will be placed on a relocation site."
That can be the reason to the "Cancelled" we wrote about earlier in this topic.

I suppouse you will get more if it's "Rights" land than if it's squatter land.

"So, I really don't get the point of fighting for a piece of land which will eventually be seized by the government. "
Yes.
I guess it's enough to remind your aunt of unpaid loans Smile
Is it "Rights" or squatter land?

I don't know where you are located and what policy they have there, but I have heared some about two other relocations. Both these are squatters:
/Leyte. Relocation from between two big roads to much nicer environment. But some complained about comunication problems because it was 5 km to the city proper and rather far to walk to the closest public communication. They will GET the land for free if they stay there at least 6 months. I don't know if they got any financial support too for house.

/Misamis Oriental: Relocated from just beside the river inside city to outside the city. The (house was broken and hanged partly in the air in the river direction after it had been hit by typhon and flood. They got new location plus 200 000 if they do the demolision work at their own house. I don't know if all got that amount.This house was much biger than normal size. Two storey.

At least that's what they told me Smile

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7 Re: Land Issues Today at 11:56 am

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