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Air rights...can anyone extend their second storey outside their property line?

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Arresto Menor
I'm a bit confuse, our neighbor said that our city engineer allowed her to build her balcony over our Right Of Way. Is this really possible? Can anyone extend their second storey outside her property line? Um..the lot she paid was a total of 45 sqm, then when she built the second floor, she added a feet to it and even installed a big window on top of the right of way.

Is this really okay? please help.

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Arresto Menor
In an easement of a right of way, there is the servient estate and the dominant estate. the servient estate pays the dominant estate a sum of money for them to use a portion of the property of the dominant estate estate to be used as a right of way by the servient estate. The payment does not transfer ownership of the property thus the dominant estate is still the owner of the property and when the time comes that the right of way will not be of use or it ceases then there will be mutual restitution or ibabalik sa dominant estate ang pera nabigay ng servient estate at hindi na gagamit ang servient estate sa property.

Since you said that "...that our city engineer allowed her to build over OUR right of way". I'll assume that you are the servient estate but when you said that "she PAID a total of 42 sqm" then I also assumed that your neighbor is servient estate.

1. when you said na "Our right of way"? kayo ang gumagamit ng right of way? so you are the servient estate?
2. you mention that she paid a total of 45 sqm, so "she" is the one using the right of way and not you? because the servient estate pays the dominant estate

I would like to know, to whom does the right of way benefit to? is it you or your neighbor? because this will determine who is the servient estate

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Arresto Menor
Thank you for the respond.

We are the servient estate. We paid for the ROW. The person in front who extended her balcony does not use the ROW because her house is in front right next to the main road. On the other hand, our house is at the end of the compound.

Please Click to see the lot's layout

House A is the one who extended her second floor. Saying that the ROW does not cover the air rights.

We have a different title for the ROW. Although House A is the lot in front, she never gave any easement to us. My father bought the ROW and has the Deed Of Sale under his name. In my understanding, House A has no right whatsoever on that lot, but she's contesting that she could extend her balcony since it does not cover the lower lot. How could that happen? She paid for a 42sq meter lot and she is using 100% of it, how could it happen that our city engineer allowed her to build way pass her property. And on top of all these, she eveb built a door right beside the ROW.

Please help me understand this.

Last edited by belle0929 on Sun Oct 02, 2016 10:22 am; edited 5 times in total (Reason for editing : Update)

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