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1 RIGHT OF WAY THROUGH SUBDIVISION on Sun Feb 07, 2016 12:08 pm


Arresto Menor
I have a lot in a Subdivision development. I was surprised to know that the adjoining lot owners at the back outside of the subdivision have been using without my consent a portion of my lot as their driveway.. for several years... When I talked to them about it they were asking to be allowed to continue using the lot but I refused. The problem is that whilst they bought their lots at very cheap price outside the subdivision now they are accessing the subdivision cemented roads and amenities through this self declared right of way.

I now want to build a cement wall on my lot. Could you please advise on the process I have to go through before erecting this cement fence? Do I have to give them the neighbours notices or talk with them through the barrio captain etc. Can they refuse or object to have the fence erected?

I would appreciate any comments or suggestions.

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2 Re: RIGHT OF WAY THROUGH SUBDIVISION on Sun Feb 07, 2016 3:34 pm


Reclusion Perpetua
There is no perimeter fence by the developer? Is your lot their nearest access to the main road?  Was there any written agreement that a portion of your lot is to be used by others?

A right of way is not free. If a right of way is granted to them by the court, they will have to pay you for it.  I am assuming that both sides will not agree anyway.

Get a fencing permit. One of the requirements is a barangay clearance, where you will mention to the barangay that there is an unauthorized use of your lot.  They will either hold the clearance or give you a clearance.  If you do get a clearance, then getting the fencing permit will proceed smoothly.  Once you start construction, the only way you may be asked to stop it is by a court order, which the other lot owners will initiate.

If your lot is their only way to the highway, it will take some time before you can close it off though. If they have access to other roads, then it shouldn't be a problem.

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3 Re: RIGHT OF WAY THROUGH SUBDIVISION on Sun Feb 14, 2016 4:31 am


Arresto Menor
Thanks for the comments and suggestions.

The subdivision did not construct a perimeter fence. My lot is their nearest access to the main road but so is the lot next to mine. If this is closed off they will have to walk through trails down to their access at the back of their houses. There was no written agreement that my lot is to be used by others for right of way to the private subdivision road.

When I bought the lot years ago these people at the back outside this private subdivision did not have a house there. In fact they took advantage of my long absence and simply used the right side of my lot as driveway damaging the land as it now lost top soil and has tracks of the wheels of their cars.

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