Living in my mother's property
1 Living in my mother's property on Mon Aug 01, 2016 9:51 am
2 Re: Living in my mother's property on Mon Aug 01, 2016 12:07 pm
How many sibblings do you have?
I don't know if rental can be demanded for earlier years without it was demanded earlier, I doubt that.
But it's possible* she can demand from when she told it first time. Actualy that can be GOOD for you, because if you pay, then it's very hard for her to force you away, because then you become a legal tennant. Make sure you can PROVE you have paid.
It' isn't fair you pay for the house, because you built it,
bur it's fair you pay for the land (and water, electric and such if you get that through your mother).
It's a big problem though, you have a very weak situation without having a lease contract for long time future, because without a lease contrract and where such ends, then the building on the land will belong to the LAND OWNER. So you DON'T want to have heated argument with your mother before you have got stronger legal situation.
*BUT if you use only a part of the land, perhaps it's the part you INHERITED from your father
If you have only one sibbling, then your mother own 4/6 and you and your sister own 1/6 each.
Because you own a part. it's much harder for your mother to force you away,
but if you use whole/big part, then you don't have right to use it just because you have a house there.
If you use only part - Check if the Barangay Captain can solve it by judge/medeate, if you and your mother can't agree about the lease amount.
3 Re: Living in my mother's property on Mon Aug 01, 2016 12:38 pm
4 Re: Living in my mother's property on Mon Aug 01, 2016 5:49 pm
The fee is much different depending of what it is. Close to town proper? Size? Electric or water included?
How big part of what you are using, are you owning by inheritance?
5 Reply on Mon Aug 01, 2016 7:18 pm
6 Re: Living in my mother's property on Mon Aug 01, 2016 7:36 pm
I don't know if there are any exceptions concerning demanding EARLIER than it's told, but I suppouse NOT, because otherwice tennants wouldn't get chance to say No thanks and go elsewhere.
I don't know how your living is, but there are many rent offers for 2 500 - 8 000 p per month INCLUDING HOUSE. The amount for just land is much smaller (exceot if it's in a top spot in a city.)
If you leave your rights to the HOUSE, they have got much more than you owe them, I think. If the Barangay Captain is fair, I suppouse he would say similar as I.
I would NOT give away your 1/6 land to unfair relatives...
7 Reply on Mon Aug 01, 2016 8:15 pm
8 Re: Living in my mother's property on Mon Aug 01, 2016 8:35 pm
I believe they have no right to demand pay for the period before your mother demanded pay recently.cryingangel wrote:Do you really think the house cost more than the payment for the land from the the time we live there until present? Our house is just bungalow. But with living room,one room and kitchen. It is tall enough to have a ceiling and made of cement. But no tiles.Thank you
If you "leased" half of the land, then it's only 1/3 of the TOTAL land you need to pay for anyway, because 1/6 is yours since your father died.
Value depend much of look and location. By what you say I guess a broker would ask around 200 000 - 300 000p for a house like yours if it has long time lease contract of the land it stand on. More if it is in a big city.
9 Reply on Mon Aug 01, 2016 8:54 pm
10 Re: Living in my mother's property on Mon Aug 01, 2016 9:11 pm
Oh. Then I suppouse big risk you lose all, if the mother title owner don't pay the loan :'(cryingangel wrote:And one more thing. They do not have the contract of the land because They only have a written agreement that they have brought a parcel of the whole lot. The other parcel of land were bought by other people. The written agreement that they have is only for the land where our house and their house were built. In fact, the mother title of all the lot were pawned/use as collateral by the person who owned the lot before my parents to someone. And the contract is still on that someone because they are not yet paid. Thank you
So kind of good if you pay with your house
12 Re: Living in my mother's property on Tue Aug 02, 2016 8:13 am
No, I'm not a lawyer. I have only study laws for my OWN usecryingangel wrote:Thank you. May I ask if you are a lawyer?
mainly business laws, but some property laws too.
(But I have handled many cases for both clients and myself in my home country. Wonn all three cases against private opponents, and around half of many cases against government. It's harder to winn against officials, because they make the laws Some months ago I managed to make BIR pay BACK rather much money to a client !
15 Re: Living in my mother's property on Tue Aug 02, 2016 11:09 pm
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