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JohnSurrey

Problem with Property Line and Access

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JohnSurrey

A few years ago my wife's land was divided up amongst the children (10) and an Extra Judicial Partition with Absolute Deed of Sale was signed by all.

Nothing in the agreement but agreed at the time:

  1. and subsequently adhered to by all except where they agreed to waive it was access of 2 rules between adjoining properties
  2. 1 meter access to be given by my wife and her brother along the dividing road...

So I'm planning to put a wall up and measure only to discover that my wife's brother has failed to give the 1 meter access and built right up to the boundary line along part of the road way.

Talked to the brother about it and he doesn't want to give way.

My current view is that we simply build our wall 1 meter behind the boundary, as agreed.

However my wife is, probably quite rightly, worried that people will take it out on us for effectively closing the road to Pot Pot, Tricycle and Suzuki Minicab (see my other post)...

So... how to proceed?

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Enuff
A few years ago my wife's land was divided up amongst the children (10) and an Extra Judicial Partition with Absolute Deed of Sale was signed by all.
Nothing in the agreement but agreed at the time:
  1. and subsequently adhered to by all except where they agreed to waive it was access of 2 rules between adjoining properties
  2. 1 meter access to be given by my wife and her brother along the dividing road...
So I'm planning to put a wall up and measure only to discover that my wife's brother has failed to give the 1 meter access and built right up to the boundary line along part of the road way.
Talked to the brother about it and he doesn't want to give way.
My current view is that we simply build our wall 1 meter behind the boundary, as agreed.
However my wife is, probably quite rightly, worried that people will take it out on us for effectively closing the road to Pot Pot, Tricycle and Suzuki Minicab (see my other post)...
So... how to proceed?
Give 2 and save headaches.

Same for us but we agreed to give extra meter before the other lots were sold. Since then our newest neighbor has purchase a 75sqm pot and is building a 75 sqm house.

Remember, 2 wrongs don't make a right (but 3 lefts do).

Sent from my CPH1819 using Tapatalk

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Dafey

Sorry to hear this John.

If you build to your lot line you will be back to back with your BIL, shut down the road and be the bad guy. If you pull back 1 meter you will still shut down the road and be the bad guy. 

I agree with Enuff, pull back 2 meters and avoid the trauma & drama. But be sure and invite the BIL for dinner, put the table up against the wall and give him a chair outside, facing the wall toward the table. 

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Paddy

I agree with @Enuff and @Dafey plus I love his dining suggestion!

If the BIL will not give up the 1 meter and you don't also - you will be the bad guy. There's no reason or logic to it but the problem will only appear if you build your wall in the right place. That's what people will see and remember.

The best solution would have been to build your wall first (in the right place of course!).

Since you can no longer do that, you have a choice of engaging an attorney and getting a court order for the removal of his wall (I've seen parts of houses demolished by road crews in Masbate because of encroachment into the road allowance - so it can be done. However, I will lay odds your wife will not let you do that.)

OR you give up the extra meter and don't get him any pasalubong the next 17 times you travel.

There are other options, which are probably pointless, since your wife is going to defer to her brother 99 times out of 100 and, technically, she owns your land.

I now have a better understanding of why my partner immediately fenced land that we bought. It was done with almost indecent haste. A fence around your land, the moment the agreement was signed, would have shown the problem when the BIL started building his wall.

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Dafey

We purchased about a hectacre and when we had it surveyed found the neighbor had built a piggery on the right of way which should have been the road to our place. We had a choice, make him tear down his Concrete structure or utilize some of our space for the road. If we had pushed the envelope and made him comply with the law we would have been hated and feared in the local community.

Now, the access road, since it is on our land, can be gated off and is private.

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Jawny
Posted (edited)

I agree with what paddy says about what to do.  The neighbors are not really interested in the dispute.  They just want the access.  The bad guy is the one who creates the problem.  This right of way issue is extraordinarily common here.  

Weve been to court over such an issue, and it was stressful.  Our case was brought because we were blocked by a neighbor, depriving us of access to the highway.  We won the case by buying the land.

If you do decide to consult an attorney, ask to see cases he’s had before on the topic.  Chances are pretty good he’ll have some clients and lots of photos.  Pretty astonishing what lengths people will go to here to get even a small amount of land.  

Edited by Jawny
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Dafey

Good advice from @Jawny. Tell me if I'm wrong but the first step would be to talk with the Barangay Captain before a law suit. Often they can satisfy both sides without conflict.

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hyaku

It's the reason why Filipino immediately plant trees when land is bought or divided. Bit late for that now. Go see your Barangay Kapitan (after the election) A court will probably throw it out if you don't do that first.

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sugbu777
1 hour ago, Paddy said:

I now have a better understanding of why my partner immediately fenced land that we bought. It was done with almost indecent haste.

My wife did the same thing with every plot of land we've purchased. We've never had any problems, but now I understand the haste.

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Jawny
47 minutes ago, Dafey said:

Good advice from @Jawny. Tell me if I'm wrong but the first step would be to talk with the Barangay Captain before a law suit. Often they can satisfy both sides without conflict.

The process we used to attempt a resolution was to meet with a small group within the barangay. Some sort of council used for all sorts of disputes from stealing chickens to right of way disputes.  We attempted three different proposals and all three were either rejected or modified in a way unsatisfactory. 

After that effort at the barangay level failed, we consulted a lawyer, he filed the case and began with witness statements and such.  

I could give the details, but I prefer not to use anecdotal comments, unless asked.

After the case was filed, the requirement was to go to a pre trial settlement conference (forgot the legal term). After a few face to face meetings, we reached an agreement. 

The judge ruled that the agreement was satisfactory and complied with the law.  Case closed.

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sugbu777
1 hour ago, Jawny said:

This right of way issue is extraordinarily common here.  

Very common on Guam too. We had a neighbor get all up in our face about boundaries etc. He hired a surveyor. To his chagrin...he was the one who was wrong, and I ended up claiming about 55 sqm of land he though was his.

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Jawny
2 minutes ago, sugbu777 said:

My wife did the same thing with every plot of land we've purchased. We've never had any problems, but now I understand the haste.

I had the same experience.  We immediately installed a bamboo and wire fence to delineate the boundaries. Shortly after, we built a cement wall.

Our property is relatively isolated, but over the decades, paths had been used by locals to gain access to their copra and such.  There were complaints that we were blocking their access, but in reality they just had to use other paths.  

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sugbu777
1 minute ago, Jawny said:

We immediately installed a bamboo and wire fence to delineate the boundaries. Shortly after, we built a cement wall.

Same exact course of action my wife took.

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newtocebu

I hope im not too out of line saying this, but I wouldnt even want to live beside the brother if this is the type of relationship you will have

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Jawny
46 minutes ago, newtocebu said:

I hope im not too out of line saying this, but I wouldnt even want to live beside the brother if this is the type of relationship you will have

The situation the OP has described is about as common as double parking.

My property has an access path of one meter wide. This path was made a condition of purchase by the original owner.  It had all been copra land and the one meter path was the access to the farmland.  

Along this path there are six lots, three on each side.  As the lots were "developed" (houses built) over many years, each family jammed their fence or trees or whatever they had right up to the one meter path.  No consideration was given to the one meter access as described by the OP.  If it had, there would have been a three meter right of way.

One of these lots is owned by a sister.  One a cousin, another a cousin, another an aunt, an uncle. Only one is not a family member.

As the OP described it, the BIL did what many do in this area.  Built quickly and claimed land in spite of any agreement.  

 

 

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