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Living in my mother's property

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1 Living in my mother's property on Mon Aug 01, 2016 9:51 am

cryingangel


Arresto Menor
Hi.I have a house built in my mother and father's land long time ago and still living there until now. I am a legal child. My father died, my mother want me to leave our house because she want to give the land to my younger sister. She also want me to pay for staying in my father's land(as rental) from the time we lived there until the present. Do I really have to pay for rental since the time we built our house there until now?

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2 Re: Living in my mother's property on Mon Aug 01, 2016 12:07 pm

Lunkan


Reclusion Perpetua
Well. It's complicated. How big part of the land do you use?
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 Smile
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.

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3 Re: Living in my mother's property on Mon Aug 01, 2016 12:38 pm

cryingangel


Arresto Menor
Hi. They just demanded it this month. What they want is to pay even the early years. They haven't demanded before. They just demanded now because we have an argument so she wanted us to leave. We're planning to leave. We didn't care her land but can we demand for a year before we leave and at the same time do not pay for the early years. If we are going to pay for the current, how much will it take? Any computations.
Thank you

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4 Re: Living in my mother's property on Mon Aug 01, 2016 5:49 pm

Lunkan


Reclusion Perpetua
Oh you are leaving the house you have built?!

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?

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5 Reply on Mon Aug 01, 2016 7:18 pm

cryingangel


Arresto Menor
The water and electricity are ours. We have our own line. We are leaving the house because we already buy in real estate but we need a year before we can transfer. I think we have occupied half of the entire land. It's not by inheritance. We have built our house there because they allowed us to do that in the early years. We are not interested with the land. What we care is whether we have to pay for the early years of living there. They were not asking us to pay before. Only now. And they wanted us to pay even for the early years which I think is not right. Thank you.

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6 Re: Living in my mother's property on Mon Aug 01, 2016 7:36 pm

Lunkan


Reclusion Perpetua
Well. You inherited 1/6 when your father died (if you were not bought out or compensated by other assets.)

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...

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7 Reply on Mon Aug 01, 2016 8:15 pm

cryingangel


Arresto Menor
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

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8 Re: Living in my mother's property on Mon Aug 01, 2016 8:35 pm

Lunkan


Reclusion Perpetua
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
I believe they have no right to demand pay for the period before your mother demanded pay recently.

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.

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9 Reply on Mon Aug 01, 2016 8:54 pm

cryingangel


Arresto Menor
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

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10 Re: Living in my mother's property on Mon Aug 01, 2016 9:11 pm

Lunkan


Reclusion Perpetua
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
Oh. Then I suppouse big risk you lose all, if the mother title owner don't pay the loan :'(

So kind of good if you pay with your house Smile

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11 Reply on Tue Aug 02, 2016 6:57 am

cryingangel


Arresto Menor
Thank you. May I ask if you are a lawyer?

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12 Re: Living in my mother's property on Tue Aug 02, 2016 8:13 am

Lunkan


Reclusion Perpetua
cryingangel wrote:Thank you. May I ask if you are a lawyer?
No, I'm not a lawyer. I have only study laws for my OWN use Smile
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 Laughing Some months ago I managed to make BIR pay BACK rather much money to a client ! Smile

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13 Reply on Tue Aug 02, 2016 9:30 am

cryingangel


Arresto Menor
Wow. Impressive. Thank you

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14 Re: Living in my mother's property on Tue Aug 02, 2016 9:55 am

Lunkan


Reclusion Perpetua
Since two years I study Philippine laws to prepare to settle and start business there Smile

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15 Re: Living in my mother's property on Tue Aug 02, 2016 11:09 pm

attyLLL


moderator
As a co-owner of the property, you have a right to use the property. Argue that they donated the use of the land during the early years so you are not required to pay rent.


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