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Property Line and Easements

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1 Property Line and Easements on Wed Jun 27, 2018 1:56 pm


Arresto Menor
I currently live in a 17 yr old house here in Negros Occidental.The property beside me was bought 4-5yrs ago
We were surprised that sometime in July 2015  they were having an excavation which we felt
was affecting part of our property.The next day we reported it to the  City Engrs
ofc because they didnt have any Bldg Permit.The owner claim that our window canopy
was extending the property line and they requested that they remove it soonest.So,
then 1st issue was settled.My mother (80y/o) was made to understand that there was a 10cm overlap
in their property line and according to law they have the right.This was all verbal.

Their construction went on including the removal of our canopy and window grill.
When they were pouring cement to make their wall, they didnt use any safety material
to secure our sliding window.There should have been a 2-3cm space from our window
and their wall but the foreman made my mother (80yrs old) believe that it would be better
to stick their wall on ours.The cement was all on the glass so my mom decided to
have our windows removed including the frame than to put it to waste.Still no materials
to ensure our safety. while pouring cement on the 2nd window, the mixture overflowed and
entered our property ( stairs ).Good thing none of my grandchildren were around.Until the 4th
window, no plans to ensure our safety.Fragments of cement where all over including our food
plus on the 4th window, they left an opening of 2-3ft for reasons I dont know.

I kept mum all this time until i notice the cough of my mom was on its 3rd week plus my daughter
and i was starting to have cough as well.Then one by one, my grandchildren was coughing too..and we
all had have 1 prognosis, allergic rhinitis which was causing the cough. I then realized, it must be
because of the fragments of cement from the construction.

Sept 26 of the same year  my mom had a stroke and it all came upon me that my mother indeed felt bad
about what happened to our property but she couldn't complain because of the "PROPERTY LINE".

Last week, they were about to start removing the canopy and window grill on my room when
I told them not to touch anything. I was starting to read about the Old and Annotated National Building

And this is my view on our case;

1.Prior to excavation, since its an adjoining lot we should have been informed on how it will
 affect our property. There should have been substancial communication with us but they were only
communicating with my mother who is a senior citizen and should be under our guidance.

2.They started the construction without the Bldg Permit - The owner claimed it was already on the
 City Engrs Ofc head  table, awaiting for him to affix his signature.Again, for me it is a very serious offense.

3.Is it just that they dont consider our safety just because of the property line? I hired a surveyor who has proven
that there was no encroachment whatsoever.

I am attaching pictures of our house and what they did to our property.

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