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Need legal advice please.

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1 Need legal advice please. on Wed May 18, 2016 2:44 pm

cilensia


Arresto Menor
Good day, i would like to ask questions about our apartment that is build on my aunties lot. It was build around year 1997 both of my parents are still alive that time. Dec 2013 when my father died. The said apartment was given to me. Our very first transaction started january 2014, i have no idea how much is the rent so i ask my aunt(the owner of the lot)about it. She said the rent was Php2000 per month but she did not imply that she should get atleast half of the rent or so. January 2015 she requires me to pay the property tax or (amilyar) i didnt hesitate to give her the said amount, the following year 2016 of january. She insist again that i pay the property tax of her lot. My problem now is she said some foul words to me and saying that our family has not given her any cents on the rent that we are receiving. I ask her politely about the deal between my mom(her younger sister) and my aunt. She said they had none, and told me that she told my mom to give her atleast 500 pesos because we are using her lot. And she also told me that our family are earning from her lot for almost 20 years with her getting nothing. As of now im managing the apartment for almost 3 years, and 2 years paying for the property tax. Can i give her the total amount of rent that i got from 3 years? How can we fix this issue? Or should i just demolished the building? Our tenant is staying for almost 5 years. Thank you for taking time to read. I hope you can help me.

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2 Re: Need legal advice please. on Wed May 18, 2016 5:42 pm

Lunkan


Reclusion Perpetua
cilensia wrote:Good day, i would like to ask questions about our apartment that is build on my aunties lot. It was build around year 1997 both of my parents are still alive that time.  Dec 2013 when my father died. The said apartment was given to me. Our very first transaction started january 2014, i have no idea how much is the rent so i ask my aunt(the owner of the lot)about it. She said the rent was Php2000 per month but she did not imply that she should get atleast half of the rent or so. January 2015 she requires me to pay the property tax or (amilyar) i didnt hesitate to give her the said amount, the following year 2016 of january. She insist again that i pay the property tax of her lot. My problem now is she said some foul words to me and saying that our family has not given her any cents on the rent that we are receiving. I ask her politely about the deal between my mom(her younger sister) and my aunt. She said they had none, and told me that she told my mom to give her atleast 500 pesos because we are using her lot. And she also told me that our family are earning from her lot for almost 20 years with her getting nothing. As of now im managing the apartment for almost 3 years, and 2 years paying for the property tax. Can i give her the total amount of rent that i got from 3 years? How can we fix this issue? Or should i just demolished the building? Our tenant is staying for almost 5 years. Thank you for taking time to read. I hope you can help me.
Well. It seem it isn't odd your aunt is grumpy.
You didn't tell some things, so I don't know what's fair.
1. Is it in a city so value of land is high? Is there any more building at the property? Do you use WHOLE aunt's lot? If any more than yours - What's the proportions yours and others?
2. How much is the property tax?
3. How much is the rent?

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3 Re: Need legal advice please. on Wed May 18, 2016 6:45 pm

cilensia


Arresto Menor
1. Where located at the province. The cost of land is about 3000 per sqm. The lot is 168 sqm. And we use about 30-35sqm. Because the apartment is a small 1 bedroom house made of wood and GI sheet. The lot of my aunt is next to my mothers lot which is 168sqm also in which our house is build. we dont have fences to differentiate whose lot is who just corner stones. Its an open compound.
2. I paid about 1300+ property tax per year.
3. The rent is 2000 a month.
Thank you very much for answering.

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4 Re: Need legal advice please. on Wed May 18, 2016 8:31 pm

Lunkan


Reclusion Perpetua
cilensia wrote:1. Where located at the province. The cost of land is about 3000 per sqm. The lot is 168 sqm. And we use about 30-35sqm. Because the apartment is a small 1 bedroom house made of wood and GI sheet. The lot of my aunt is next to my mothers lot which is 168sqm also in which our house is build. we dont have fences to differentiate whose lot is who just corner stones. Its an open compound.
??? So your house is at your MOTHER's land? So why does your aunt argue???
OR is it ONE title TOGETHER for these 2 c 168 sqm?
cilensia wrote: 2. I paid about 1300+ property tax per year.
3. The rent is 2000 a month.
Thank you very much for answering.
IF your house is on your mother's SEPARATE land, then you are suppoused to pay the property tax for your part.

IF it's one title together - Does your aunt have a house there too? I just try to figuere out how big part of the property tax belong to you.

Do you have water and electric bills separate or together?

Has your aunt paid the property tax, electric and water for your mother's part too during the years?

Perhaps your aunt mean she paid for your parents earlier when she had more money, and now she expect you to pay some for her, because of that? That's fair.

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5 Re: Need legal advice please. on Wed May 18, 2016 11:22 pm

cilensia


Arresto Menor
We have are own titles, we are paying are own taxes even when my mom is alive, i started paying my aunts tax 2015. Im paying double ours and hers.

For the transactions done about property tax between my aunt and my parents when they are still alive, I really have no idea. My mom never said anything about their deal or if she pays the property tax of my aunt.

We had a talk this afternoon and I was giving her the authority to manage the apartment and I said will not interfere with all their transactions, but she refuse and said shes no longer interested about the money coming from the rent. Instead she wants me to surrender our share to the land that my grandmother own and was not yet divided into her siblings when their mother died. This land has higher value(next to main road).

Can she demand us to give the share of the undivided land because we had used her lot for a long time?

Can i refuse to give our share but instead cut the source of income in the apartment that is in her lot and just give her my earnings for the said apartment for the past 3 years and let her manage the apartment?

Thank you so much for your time.

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6 Re: Need legal advice please. on Thu May 19, 2016 1:59 am

Lunkan


Reclusion Perpetua
cilensia wrote: Can she demand us to give the share of the undivided land because we had used her lot for a long time?
What do you mean with that??
Whem I asked about that, you said your house is at your MOTHER'S land.
cilensia wrote: We have are own titles, we are paying are own taxes even when my mom is alive, i started paying my aunts tax 2015. Im paying double ours and hers.

For the transactions done about property tax between my aunt and my parents when they are still alive, I really have no idea. My mom never said anything about their deal or if she pays the property tax of my aunt.

We had a talk this afternoon and I was giving her the authority to manage the apartment and I said will not interfere with all their transactions, but she refuse and said shes no longer interested about the money coming from the rent. Instead she wants me to surrender our share to the land that my grandmother own and was not yet divided into her siblings when their mother died. This land has higher value(next to main road).
Oh there are THREE land parts involved - aunt's, your mother's and one undivided ?
Is it at the undivided land, you have appartment with rent income?
cilensia wrote: Can she demand us to give the share of the undivided land because we had used her lot for a long time?

Can i refuse to give our share but instead cut the source of income in the apartment that is in her lot and just give her my earnings for the said apartment for the past 3 years and let her manage the apartment?

Thank you so much for your time.
??Do you have any building at her lot or not?
If you have building at her lot - how come it isn't at your mother's lot???

You can just refuce to give her your mother's lot,
BUT IF you have any building at your aunt's lot, that's complicated and you can PERHAPS lose that building.

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7 Re: Need legal advice please. on Thu May 19, 2016 8:21 am

cilensia


Arresto Menor
Whem I asked about that, you said your house is at your MOTHER'S land.

>She wants me to waive my rights as one of the successor of the land in exhange of using her lot as a source of income for the past 20 years.

Which in my case i believe my involvement would only start on the day (january 2014) I manage the apartment squatting in her land.

And by giving her all the money i receive since january 2014, will free me from any debt of gratitude.

Thank you so much for understanding. Godbless

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8 Re: Need legal advice please. on Thu May 19, 2016 1:12 pm

Lunkan


Reclusion Perpetua
cilensia wrote:Whem I asked about that, you said your house is at your MOTHER'S land.

>She wants me to waive my rights as one of the successor of the land in exhange of using her lot as a source of income for the past 20 years.

Which in my case i believe my involvement would only start on the day (january 2014) I manage the apartment squatting in her land.  

And by giving her all the money i receive since january 2014, will free me from any debt of gratitude.

Thank you so much for understanding. Godbless
?? Is your appartment at aunt's. mother's or not yet divided land?

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9 Re: Need legal advice please. on Thu May 19, 2016 1:14 pm

cilensia


Arresto Menor
It was on my aunts land.

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10 Re: Need legal advice please. on Thu May 19, 2016 3:10 pm

Lunkan


Reclusion Perpetua
cilensia wrote:It was on my aunts land.
I see.  (Why is it built on aunt's land instead of mother's land???)
Then it's fair your aunt get SOME. But I suppouse the building is more worth than the land. If so is it's fair your aunt get less than half of the rent income.

I suppouse you don't have any lease contract. Then I believe you can lose the building to your aunt.
You can let the Barangay Captain decide, if you can't reach an agrement with your aunt anyway. You can suggest you get a lease contract IN WRITING to have the house there, including paying her some for EARLIER time. Try to negotiate how much.  Tell BC you have paid the property tax.

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11 Re: Need legal advice please. Today at 12:31 pm

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