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Please help....Without Building Permit but the Brgy allowing the Construction

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belle0929


Arresto Menor
Hi, please help.

I live in a compound where the lots were divided into different owners. Our house is located at the very end of the compound (there are other two houses in front of us) when my father bought the house, the seller sold us a Right Of Way too which we paid and shown on our title. Our problem now is that, one of the owner in front of us decided to re-build her house, adding two more floors to her originally single floor house. She did this without getting a building permit. This caused us a lot of problems:

1. She's planning to build a terrace over our Right Of Way. This Right of way is way pass the property she owned. Which means, she would like to make her upper floors bigger by overlapping on the Right Of Way. (The construction is on-going right now but the pillars are already standing and anyone could tell that it was her plan.)

2. Since we live in a compound, some electrical wirings including the internet and cable wires are attached to her outside wall, which she would collapse since she's planning to build a door on the wall where the electric meters are attached. We are now worried that this might cause a power interruption or worse a fire because her contractors keep on hammering on that said wall.

3. Our neighbor is insensitive that she had her contractors work without installing proper nets around the site that debris could fall anytime, toward the Right Of Way where all the residents in our compound passes.

We tried to fix this issue without reporting our neighbor to our engineering office by talking to our baranggay captain, with the intention that our captain might be able to educate our neighbor about the things she must do first. My family knows that our neighbor does not have her property title under her name and that she did not get a building permit. Because if she did, she would have all the electrical wirings transferred or properly fix before her contractors begun constructing.

Unfortunately, by being kind, it made the situation worse...our captain sided with our neighbor and sent us a letter of summon. With the intention of fixing the dispute on a way I cannot fathom. The letter we've received from the brgy was our neighbor filing a complaining about us disturbing her, by telling that we own the Right Of Way.

What should I do?
Should I go to our municipality and report this to our City Engineer office? By doing so, would I be violating anything?

Can the brgy handle cases like this? Is it right that they are allowing our neighbor to continue with her construction without acquiring a building permit?

Please help me, I don't know what to do at this point.



Last edited by belle0929 on Tue Sep 20, 2016 2:02 am; edited 4 times in total (Reason for editing : Title update)

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Lunkan


Reclusion Perpetua
"Unfortunately, by being kind, it made the situation worse...our captain sided with our neighbor and sent us a letter of summon. With the intention of fixing the dispute on a way I cannot fathom."
How?

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belle0929


Arresto Menor
The captain let the construction to continue. I think the summon was to make us agree with what our neighbor wants.

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belle0929


Arresto Menor
At this point I really dont know what the summon was for. Because obviously we wont be agreeing with what our neighbor wants. There's no way we'll allow her to cover the right of way. The Right of way we bought from the original owner was only a meter wide. She would to cover half of it because of the terrace. IMO the baranggay should have explained the violations our neighbor had made...but no...on the summon letter, they make it appear that we are in the wrong. *sign* I really dont know what to do now.

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Lunkan


Reclusion Perpetua
Did you show the barangay captain the right of way note at YOUR title?

Was the same noted at your OLD neighbour's title?
Otherwice the NEW neighbour don't know such when buying...

What solution did the barangay captain have to right of way now?
It's barangay captain's work to SOLVE right of ways...

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belle0929


Arresto Menor
Thank you for responding sir. My parents and our neighbor's will have a talk tomorrow at the brgy. I don't know what will happen but my father will bring a copy of our blueprint and our title. I'll post an update tomorrow.



Last edited by belle0929 on Tue Sep 20, 2016 5:25 pm; edited 1 time in total (Reason for editing : misspelt)

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Lunkan


Reclusion Perpetua
Short of time to check, but it would be interesting to see if it was noted at the OLD owner's title. If so, then the new owner sure knew...
And I suppouse they could SEE the right of way when they looked at the land.

People behind have RIGHT to get right of way for a cost - but your father has allready paid for it... Go for PROVING that.

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belle0929


Arresto Menor
Good evening po. For the update. The brgy officials were a total nutcase. My parents went there today, with our blueprint and title. Our neighbor also came with her title. No verdict was given. The brgy official who mediate the talk asked for things totally unrelated to the case. After my father showed the title, he asked for things like:

"Where's your deed of sale? Your last tax payment receipt? The mother title? (I'm not sure what this was but I'm guessing the official was referring to the original title from the previous owner before the lot was divided into three lots.)"

When my father asked why does he need those information/documentation the official said that my father might have not paid for the ROW. Which in my opinion is impossible, because the ROW is clearly indicated on our title registered to my father's name. The official was saying that MAYBE our neighbor MIGHT also have paid for the ROW. Our neighbor's house is in front, the main road is in front of her house, why would she need a Right OF Way. She has the complete access of the main road.

The most unfair thing that happened... the brgy official read my father's title but did not read our neighbor's title, so nobody in that room was able to confirm if our neighbor also had the same ROW written on her title.

My neighbor still does not have a building permit. Still constructing and the brgy still does not do anything about it.

Exhausting. I don't know what the hell is happening. We will have another meeting on Friday, 23rd. Just to talk about the same thing. *sigh*

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belle0929


Arresto Menor
Oh in addition...my father called the previous owner and the previous owner confirmed that he did not give a ROW to our neighbor. Saying that it was totally unnecessary.

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Lunkan


Reclusion Perpetua
Well. I agree with you PARTLY.
Very odd the BC didn't look at the other title, because IF ROW for YOU is noted at the OTHER title, then it would be totaly clear the neighbour knew about your ROW.
But if it ISN'T noted at the other title, then it's interesting to know if it was noted at the OLD title for your NEIGHBOUR'S house, because THEN the neighbour can't denie knowledge of it, because even IF the neighbour didn't know, they could have seen it at a suppoused to done proper check.
I suppouse that's why the BC asked for documents to try to figuere that out.

Anyway - Everyone have right to have ROW somewhere anyway (for a cost).
So the other question is if you can prove ROW is PAID FOREVER.

Building permits I know very litle about, so better to get answer from someone else.

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belle0929


Arresto Menor
Yes. That's what we're going to do. Thank you kindly.

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