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By right - who owns the vacant lots after a turnover?

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SuperBullet


Arresto Menor
Good day po mga attorneys!

Dito po kasi village namin, merong easement lot na katabi ng aking nabiling bahay. Ang easement lot na ito ay papunta sa isang creek kaya naman hindi na ito puwedeng tayuan pa ng ano mang istraktura na maaaring makasira sa lupa at pagbuwisan pa ng buhay. Sa ngayon po kasi, napakaraming mga tagalabas ng village na dumadaan sa gilid ng aking bahay (binigyan kasi sila ng karapatan ng mga namumuno ng association na dumaan at magbutas sa pader sa kadahilanang may alitan ang mga nakatira doon at ang nag-mamay-ari ng kanilang dating dinadaanan) at napakaraming kalat sa paligid. Halos araw-araw akong naglilinis. Dalawang beses na ring inakyat ang aming bahay pero dahil maganda naman ang lock ng aming mga pinto ay hindi sila nakakapasok. Pero dahil minsan ay nakakalimutang isara ng biyenan ko ang bintana, may nakukuhang mga bagay sa loob. Kapag kasi nagpapalit ng mga namumuno sa association, may mga kung anu-anong planong pumapasok sa isip nila tungkol sa easement lot na minsan ay naiisip ko na paninikil nila ito sa akin. Marami namang bakanteng lote sa loob pero kung bakit doon nila naiisip na magtayo ng kung anuanong bagay.

Ang tanong ko po kasi, dahil sa ang village ay nai-turnover na sa homeowners association (ang pagkakaalam ko kapag more than 60% ay ibinibigay na ng developer ang karapatan sa homeowners association), na ang pagkakasabi ay ang mga namumuno na ang may karapatan sa lahat ng nasasakupan nito. Puwede ko pa rin po bang kausapin ang developer para mabili ang easement lot na katabi ng aking bahay? Tinawagan kasi ng asawa ko ang developer dati pero ang pagkakasabi ay nasa homeowners association na daw ang pamamahala nito (hindi ko alam kung gaano ito katotoo o hindi din alam ng nakausap ng asawa ko). Kinausap na din namin ang mga namumuno pero sinabi naman nila na hindi daw puwede ipagbili. Kung totoo man po ito, bakit? Developer po ba dapat ang kausapin ko o ang mga namumuno ng association? Kaya ko naman gustong bilhin para maayos ko na ito at mabakuran ng tama para din sa kapakanan ng pamilya ko. Hindi ko din naman puwede tayuan na ito dahil nga malapit sa creek (at wala din ako planong tayuan pa). At kahit po mabili ko ang lupa, meron pa ding madadaanan ang mga tagalabas maliban sa dinadaanan nila sa ngayon.

Sana po ay masagot nyo ako. Sinubukan ko na din kasing maghanap ng mga libro tungkol sa mga karapatan sa lupa pero ako ay bigo.


Salamat po.

Ting G

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Lunkan


Reclusion Perpetua
What's said in documents about the road?
(Is it public road?
Or only right of way for some?
If right of way - for who? Are there any other space where they can get out?)
Perhaps the road is there to give access to the CREEK for anyone? If so, I believe it's much harder/impossible for you to get rid of the easement. Then you need a fence between your house/rest of lot and the road.

If the easement is limited to a few persons, it's possible to negotiate with them to try to get rid of the easement.
If it's right of way AND it's any other alternative right of way, then you can try to negotiate with them who need it. Barangay captain, or perhaps it's the union chairman in your case, can assist.
If it's a public road, then you can bring it up with the Barangay captain or perhaps it's the union chairman in your case. Decided plans have a possibility to be changed Smile although expect such processes are very slow.

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ador


Reclusion Perpetua
Try HLURB. They may have something to say about it that you might find useful.

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SuperBullet


Arresto Menor
Thanks for the answers. The land is private because like I said, it is within a subdivision. The bottomline is, I need to buy the easement lot but don't know who should I really talk to (Developer or homeowners association or the government). The subdivision was already turned over to the association long time ago but again, I have no idea who owns the land (all vacant lands that have not been sold by developers prior to turn over).

The word "by right" in my title simply means "legal". Thus, who still owns the vacant lands legally, so I can talk to them and buy the easement lot. We have already talked to the developer's front desk clerk and she said I need to talk to the homeowners officers because it was already turned over (again, I don't know if she has really the knowledge when she said that). I tried to talk to the officers of the association but they said it is not for sale. So, maybe there is a way I can own the land legally. I just need to talk to the right person



Last edited by SuperBullet on Tue Feb 14, 2017 9:22 am; edited 1 time in total (Reason for editing : Need to add more words)

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Lunkan


Reclusion Perpetua
It's possible lots with easement (as for instance right of way) can be for sale
BUT the easement will NOT end because you buy the lot, which has the easement, because easements are valid UNDEPENDING of who is land owner. (It's same for lease contracts.)

The only legal chances easements can end (which I know of) are:
/When it concern a limited amount of persons, it's possible IF ALL agree to skip it (by for instance they are offered a compensation they find ok.)

/The person/organisation with juristiction decide so
(as for instance a Barang Captain concerning right of way IF the need for right of way is solved some other way.)
In your case I believe the clerk said corect.
Such as your inconvinience is supposed to be solved by Barangay Captain normaly, but it seem he has delegated it to the subdivision assosiation. So make a "case" to them.
BUT as I said earlier, it's possible they see it as everyone in the subdivision need access to the creek, so it isn't sure they will close the road. If so - ask them how they will solve your problems.

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SuperBullet


Arresto Menor
Thanks for the reply Lunkan. Actually, the easement that I mentioned is big enough. Portion of the easement was already fenced by us for the security of my family (since I am an OFW and always away from home). The fence was built upon the permission of the previous president of the association. The neighboring residents can still access the part of the easement that was not fenced. And even if we put a fence up to the perimeter of the subdivision, they (non-residents) still have the way to access the village (since the perimeter fence is already torn down at some parts. Right of way for other non-residents is not really the issue. I wanted to buy that portion of land so I will have a piece of mind and not be bothered by future association officers to plan for anything (just to piss you off). There is so much idle lands inside the subdivision and the easement of my house is just one of them. I wanted to buy this portion of land (easement) legally/lawfully. There is no way that this land can be used (by way of structural erection or a park) because it leads to a cliff then to a creek.

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Lunkan


Reclusion Perpetua
Then I suppouse the assosiation can decide to sell it to you INCLUDING the easement leting people pass. IF it isn't a demand by the barangay to keep it.
I suppouse the assosiation have meetings sometime. Make a question enough time BEFORE next so it can be decided then.

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