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The Legal Side of Real Estate


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#901 rocco69

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Posted 02 July 2017 - 03:53 PM

- I have a question - 

 

we have a lot around 3000 sq.m in bulacan, after a survey, we found out that an adjacent house has encroached into our lot. problem is its a 2 storey concrete house, now, the owner decided to get a 3rd party surveyor to check it again. and same result. it has been a long time since, now the owner of the house passed away already. and now we would like to utilize the lot (for rental) and construction will be ongoing soon. what legal action can we take and any other alternative thru this problem? thanks in advance. 

gaano kalaki ang encroachment? kung maliit lang, pabayaran nyo na lang yung portion na nakuha. this could be cheaper than fighting it out in court. Kausapin si neighbor about this.

 

Kung malaki, depende kung alam nung neighbor na nag-encroach siya o hindi. Kung alam niya, bad faith siya, pwede ipademolish yung portion na nag-encroach (siguradong hablaan muna ito, at may structure na eh). Pwede rin naman na ibenta ninyo yung lupa sa neighbor.

 

kung di niya alam, you can opt to pay for the value of the encroaching structure, or sell the land encroached. (kung ayaw niyang umalis sa encroaching structure kahit babayaran ninyo, hablaan din ito).

 

References: Articles 448 to 454, Civil Code of the Philippines.



#902 blue+george

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Posted 02 July 2017 - 04:11 PM

3m



#903 blue+george

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Posted 02 July 2017 - 04:16 PM

actually, they know, inusog nila yun muhon. and they are trying to fight their way out, well basically kasi pag nagbakod kami, kailangan nila gibain yun pader nila and yun 2 columns, and walls nun 2 storey house nila. 
 

well for us, cost is not an issue kasi we are standing by what is right. akala kasi nila hindi malalaman, wherein 2 surveyor na, same results. time wise, well maybe one year to two years we can wait for a decision.

 

for them its cost and an unstable house. as two columns need to be retro fitted or just demolish the thing down.  



#904 crazyhorse79

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Posted 12 July 2017 - 05:20 PM

sirs/ma'ams,  tanong ko lang po magkano on average inaabot ng pagaayos ng title ,  around 5 hectares of agricultural land in pampanga.  

 

ganito po ang scenario: 

 

1. person named in the title is our grandmother  when it should it be our grandfather since it is an inherited land from my grandfather's side of the family.

2. our grandfather is already dead

 

thanks in advance po sa mga sasagot



#905 Vegetae999

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Posted 24 July 2017 - 02:36 PM

Hi guys i need ur opinion, Im planning to rent a place to build my own business but the owner of the place said that i should do a feasibilty study first to know that if there is really a market on what im going to do with his place.

 

Is it like the owner is denying me or what?



#906 X0X0

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Posted 20 September 2017 - 12:31 PM

 

Hi guys i need ur opinion, Im planning to rent a place to build my own business but the owner of the place said that i should do a feasibilty study first to know that if there is really a market on what im going to do with his place.

 

Is it like the owner is denying me or what?

 

 

It is just idle chit chat.. hes not denying you.

 

at the very worst.. he just worried your business will fail and you cant pay the contract. remember.. he is taking a gamble with you too, if he rents out the place to you.. he loses the opportunity to rent it out to others.

 

Saktong concern lang yan.. for you and himself. to put him at ease.. pay the appropriate advance and deposits.. issue pdcs.

 

dont go renegade on your pdcs though.






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