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PRIVATE ALLEY RIGHT OF WAY - IMPLEMENTING RULES AND REGULATIONS

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fmbautista


Arresto Menor
Would appreciate if you can help me regarding the implications of implementing rules and regulations about a private alley which remains titled under my deceased aunt's name.

BACKGROUND:
Our paternal aunt, who died single in 1995, sold portion of the lot in the 1980s under her name to 10 individuals who were then leasing the lot. The lots were all fully paid in about five years thenafter. The balance of the lot were transferred to all nine children (including myself) of her only brother who passed away in 2013 and the nine children put up either residential or apartment for rent in their respective lots and my siblings designated me as property administrator. My aunt had two other siblings, a brother who died in the 1930s and a sister who is a nun who died in 1993.

In order for the lot sold to be titled, an alley was established in three lots with individual TCTs that remains to this date in the name of our aunt.

The subject lots are located in the interior ("looban") which is about 50 meters from a street. We have a steel gate in the street to limit access of vehicles in the private alley.
In time, some of the present descendants of the owners of the lot sold then have obstructions in the alley such as washing machine, motorcycle parking, plants, dog house, etc, and it is our intent to initiate clearing of this obstruction and implement rules in the private alley such as no playing, walking pets, etc.

QUESTIONS:

Do I, as property administrator, have a legal personality to establish, implement and enforce rules and regulations on the use of our private alley considering the TCT of the alley remains under the name of our deceased aunt?

If in the future there is a need for us to file court cases to clear the alley, can I be recognized as a valid complainant?

The obstructions have been there for many years now. From time to time, we call their attention and some obliges. A key obstruction is the proliferation of motorcycles who are parked in the alley and not within their lot. Me and my siblings who have apartments in the area do not allow motorcycles and the like in our rental units. What will be the implications if we become more strict now after all this time? Can I be considered in estoppel?

Thank you and regards.

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