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Rights on Land Property.. Please help..

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1 Rights on Land Property.. Please help.. on Tue Aug 16, 2011 7:46 pm

jhaycutexp


Arresto Menor
Hi sirs/madam,

Please give me advice about my concern..

Currently my mother and i are living on a land that my father bought.. but we only have the rights so far.. cause as far as i know the land has been savage for several decades.. and is a government property..

The thing is we are asking my mother's brother.. to move out our property.. but he is asking a compensation money for the structure he has improved on our compound.. which is I find unreasonable.. cause in the first place we didn't tell them to fix our store... their current home.. and the improvements like the toilet.. so basically it's their needs.. so we didn't mind that they have finished improving the said location..

just take note sirs/mam, the time we have known the improvements is after they have made the renovation.. they basically torn a wall to extend a new wall for their house to make it a little bigger.. and uprooted a perfectly fine tree to build their toilet.. and dirty kitchen..

they have been living with us.. staying on our compound with no expense at all.. lease fee or anything like that...

By the way, in anycase on how they landed on our lot.. they were squatters on pasay city.. they have been demolished and living on the streets.. and when my mother have known that they were on the streets.. she asked them if they would like to stay temporarily at our lot.. but they refused and instead asked for money so they can rent an apartment.. and then for about 2 months.. they came back and asked us if they can place their things on our store because they can't keep up with the rent fees.. and was looking to move to another apartment.. but they have eventually ended up living on our store.. instead of just their things...

I tried to talk things out, but all i get is dissing and "walang utang na loob.." from my cousins.. the sons/daughters of my uncle.. which is pretty much baseless..

In the end my question is, do they have the right to ask us for money? which we are not willing to give.. because we can't afford to...

Can we just demolish the said store/ converted house of my uncle... or atleast the part we know that are part of the previous structure, the store, so that they will be forced to move out.. is it our right? but my mother is still hesitating about this one..

I being the son, and receiving such cuss words from my uncle, auntie, and cousins.. is it morally right to file a case like oral defamation or something related to threats.. like "idedemanda ko kayo", "paguwi ko itatali na lang ung sako.. ".. or i'm just being petty?

These things are bothering me.. Can you please help me..

Were being tried at our baranggay.. but they have not been attending the session..




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2 Re: Rights on Land Property.. Please help.. on Fri Aug 19, 2011 4:19 pm

attyLLL


moderator
what is your proof of ownership over the property?


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3 Re: Rights on Land Property.. Please help.. on Mon Aug 22, 2011 5:06 pm

jhaycutexp


Arresto Menor
me binabayaran po kaming amelyar sa bahay.. tax payment po since 1995, ung sale po nung rights..

tska matagal na po kami dito... since mga bata pa po kami though, nagstay kami mostly sa manila, kumbaga dahil nagaaral kami sa manila, tuwing weekends lang tska kapag kelangan pumunta sa q.c. eh dun lang kami pupunta..

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4 Re: Rights on Land Property.. Please help.. on Mon Aug 22, 2011 10:45 pm

ronaldnazarenoii


Arresto Menor
Hi Sir/ma'am,
Pls. advice about my concern,
This is regarding po sa property ng lolo ko .nang namatay si lolo eh di poh na divide ung property sa magkakapatid until now.kaso nagkataon si papa namatay din po last 6th July 2011 at lahat ng Tax Dec. sa lupa kinuha po sa amin ng magkakapit.
at gumawa po sila ng special power of atty sa bunso nilang magkakapatid para magtransac sa lupain na iniwan ng lolo ko na di pa nadivide.Ang tanong ko po valid po ba ang SPA kahit di po nakasama kami o kaya Mama ko?kasi meron pong weaver si mama para kami na po ang mag-aasikaso in-behalf kay papa?di po ba isa sa amin ang pipirma po dun sa SPA na ginawa nila sa bunso nila?
kasi po medyo di po sa amin pinapaalam lahat ng ginagawa nila tungkol sa transakyon sa lupa parang di nila yata bigyan ng mana si Papa po eh. medyo malaki po kasi ang lupain nila.
maraming salamat poh

ronald nazareno

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5 Re: Rights on Land Property.. Please help.. on Wed Aug 24, 2011 12:17 am

attyLLL


moderator
jhay, your remedy is to file an ejectment suit. send a demand letter to vacate first, then a complaint at the bgy. afterwards, a complaint at the mtc. they are not legally entitled to compensation.

ronald, yes, you should be included as representatives of your father's estate


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6 Re: Rights on Land Property.. Please help.. on Wed Aug 24, 2011 9:22 pm

jhaycutexp


Arresto Menor
dear attyLLL,

Actually we already tried to settle first things on our own, I tried to negotiate this matter but it was all in vain.. kumbaga.. ayaw nilang makipagusap... gusto nilang masunod ung gusto nila na bayaran namin sila ng xxxx amount.. para walang usap usap aalis sila.. ang sakin naman... bakit kelangan namin magbayad? in the first place... eh di naman namin sila sinabihan na ayusin ung lugar.. kumbaga.. dahil kelangan nila... pinagawa nila..

Then were currently at the baranggay level... dahil nga kapag dumating sa korte.. it will be a permanent record to them.. at the moment.. they attended only one summon for negotiation.. and the succeeding summons.. they did not..

My question is, what's the possibility of us winning incase we make it to court, and what damages on our side will be?

And what can we demand to them aside from them moving out? should they pay us for damages, atty fees.. etc..

Please advice..

More power attyLLL..

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7 Re: Rights on Land Property.. Please help.. on Fri Aug 26, 2011 12:02 am

attyLLL


moderator
it is really required that you go through the bgy. make sure you send a demand letter and state that they are there only because of you own tolerance.


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8 Re: Rights on Land Property.. Please help.. on Tue Oct 04, 2011 5:16 pm

jhaycutexp


Arresto Menor
Hi attyLLL

An update about our case,

well the barangay summons are done.. and eventually the respondents didn't appeared...

So the thing sir is we wanted to take this thing to end quickly, so we asked for the cert. of action from the barangay to take this to court as you have suggested..

But the barangay chairwoman had advised my mother not to be hasty, because we will loose the case immediately.. because my uncle now is a resident, and a voter on our place.. and with their credentials meralco line, water lines on their names.. it will be hard to win the ejectment case...

Is the barangay chairwoman's advice a valid one? that we will loose right away? or even not right away... the loosing end will be ours??

They wanted to talk first.. to her brother, currently not in our place, in our province.. not until they have talked to him... they will not issue first the cert of action..

Also sir, should we send the eviction letter now that the barangay trials are done? cause the barangay advised us first not to do anything while on our trial so we did..

What can be done here kind sir? How can we win in our cause?

Thanks

AJ

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