NEED LEGAL ADVICE: PROPERTY ENCROACHMENT

Hi. I would like to seek legal advice re: our property. My parents bought the said property in 1992 which is only a part and parcel of the the whole lot with the house of the owner. The other part was first sold to other person. When my parents bought that property, it was already surveyed and has already muhon since it is supposed to be loaned in a bank. So my parents trusted the owner, so we didn't survey it on our own. We build establishment. Then, the time came that the owner of the other lot complained that we encroached in his property but he did not file any complaint in the court or even a formal invitation from barangay chairman. He sold his property to the next person na walang nakuha sa amin. The second owner also complaint and want us to vacate but still did not file it in proper court. Then again the said second owner sold again the property without getting anything from us. Here comes the third owner who has the capacity to afford a lawsuit. At first they were good to us, they were willing to pay us with the amount of our structures that encroached our lot. Then there comes a time that they will just pay us 20,000.00 for our structures. So my mother disagreed with the idea, instead we offer them if we really encroached we are willing to buy the said area with the amount as per fare market value, but they disagreed. If we want to buy the encroached area dapat daw kung magkano bili nila sa lupa (eh house and lot yun so may establishment), hindi naman pumayag na mama ko. Right now, they have already file it in court. May pag asa ba kami na mabayaran sa mga structures namin? Thanks, hope to receive any insights from anyone here.

How much can your parents prove?

Hasn't the case been at Barangay Captain before court?
(I thought that was obligatoric for such cases, but I'm NOT specialiced in property law.)

Lunkan wrote:How much can your parents prove?

Hasn't the case been at Barangay Captain before court?
(I thought that was obligatoric for such cases, but I'm NOT specialiced in property law.)

The case was first raised in the barangay level.

My parents has proof that the lot was already been surveyed, since the supposed buyer of the lot (first buyer) took the initiative to have it surveyed even before buying it because she has a plan to loan it in the bank. So, the vendor/original owner of the lot backed out in selling their property kasi naisip nila na parang niloloko lang sila so they looked for a new buyer, they found my parents. Records show in the subdivision plan from barangay, that the owner of the is the supposed buyer not the vendor but the title is still under the vendor's name.

My parents were also able to secure Transfer Certificate of Title using the coordinates of the survey of the supposed buyer.

Do you mean your parent's part is in their name
and the rest is still in the name of the person who sold to them?

Why is the new owner going to court against your parents,
instead of against the seller who fooled him???

Lunkan wrote:Do you mean your parent's part is in their name
and the rest is still in the name of the person who sold to them?

Why is the new owner going to court against your parents,
instead of against the seller who fooled  him???

Yun nga po. kami yung pinapaalis nila ngayon eh 1 year pa lang sila dun. May pag-asa po ba kami sa case na 'to?

pero pinaprocess naman nila yung title in their name.

tincamp wrote:pero pinaprocess naman nila yung title in their name.

In your parents name?

Sorry my Tagalog is bad. I don't understand what you answered in your other post.

Sorry Sir. I thought you understand tagalog. What I mean in my previous reply is we already have our title, I just dont know if the owner beside our lot has already their transfer certificate of title. They just bought it a year ago, and they are forcing us to vacate the place. We were there for almost 25 years, yet the previous owner of the lot where they bought it did not file any formal complaint in court.

(I understand some Tagalog sometimes

Do you mean forcing you away by violence? They have no chance to force you away legaly* because you bought your part long before them
(except some judges are possible to bribe, but that isn't legal even if the documents look so

IF judges would follow the law allways,THEN I wouldn't worry because you have the title for your part.

If I understood corect, you have allready wonn such case at Barangay Captain, which indicate you have proof enough even if barangay captains are some more mediators than judges.

*Asuming the old owner had right to sell to your family, but if he hadn't then he hadn't probably right to sell to your opponent either...

Ask the opponent why he bother you instead of go after the seller, who seem to have fool the opponent your part was included in the deal. So he better go after the seller instead of you, because he has much biger chance to winn legaly against seller than you.
Try to talk to the OPPONENT personaly, NOT his lawyer, because SOME lawyers are more interested in GOING ON with cases, because then they get more pay

We were not settled in barangay with the previous owners (1st & 2nd) because they did not file it properly in barangay. No summons were issued to my parents, only verbal invitation that they want to talk to us.

The 3rd owner were claiming that we encroached their property as per their commissioned Geodetic Engineer. Do we have a chance in this case?

If it's really proven that you encroached their property, then wala po kayong laban diyan. Or bakit hindi kayo mismo ang magpasukat ng nabili nyong parcel ng lupa? You never know, baka yung sa inyo naman ang tama ang sukat.

tincamp wrote:We were not settled in barangay with the previous owners (1st & 2nd) because they did not file it properly in barangay. No summons were issued to my parents, only verbal invitation that they want to talk to us.

I see.
Then that's not an argument
but PERHAPS a hint they gave up because you have enough evidience

tincamp wrote: The 3rd owner were claiming that we encroached their property as per their commissioned Geodetic Engineer. Do we have a chance in this case?

It depend of what YOUR title say concerning space.
How sure are you you only use the part of land the borders YOUR title say?
Do you have the living house or other valuable improvement at the perhaps UNCLEAR part of land?
If not, and it's a small part differ, then you can think of giving up the SMALL differ part, so you don't risk to lose anything in court. (I don't know if losing side pay OPPONENT'S lawyer in such cases in the Philippines. That's why I mension this alternative, because such can be much more expensive than the value of a small land part.) But if it's at Barangay Captain level, then I wouldn't give up that easy.)

antonio ekis wrote:If it's really proven that you encroached their property, then wala po kayong laban diyan. Or bakit hindi kayo mismo ang magpasukat ng nabili nyong parcel ng lupa? You never know, baka yung sa inyo naman ang tama ang sukat.

If yun nga, do we have the chance na mabayaran man lang kami sa structure/establishment namin?

Lunkan wrote:

tincamp wrote:We were not settled in barangay with the previous owners (1st & 2nd) because they did not file it properly in barangay. No summons were issued to my parents, only verbal invitation that they want to talk to us.

I see.
Then that's not an argument  
but PERHAPS a hint they gave up because you have enough evidience

tincamp wrote: The 3rd owner were claiming that we encroached their property as per their commissioned Geodetic Engineer. Do we have a chance in this case?

It depend of what YOUR title say concerning space.  
How sure are you you only use the part of land the borders YOUR title say?
Do you have the living house or other valuable improvement at the perhaps UNCLEAR part of land?
If not, and it's a small part differ, then you can think of giving up the SMALL differ part, so you don't risk to lose anything in court. (I don't know if losing side pay OPPONENT'S lawyer in such cases in the Philippines. That's why I mension this alternative, because such can be much more expensive than the value of a small land part.) But if it's at Barangay Captain level, then I wouldn't give up that easy.)

Yes. We have improvements, we have house there long before they bought that property. If ever proven that we encroached, do we have the chance to be payed with our house?

[quote="tincamp"][quote="Lunkan"]

tincamp wrote:
Yes. We have improvements, we have house there long before they bought that property. If ever proven that we encroached, do we have the chance to be payed with our house?

You HAVE a title, so you HAVEN'T done that TOTALY, but PERHAPS a bit.
The question is IF your family have built outside the BORDER told at YOUR title.

If the opponent THOUGHT he bought WHOLE your part, that's a question between him and the person who sold to him, NOT suppoused to be your problem. So I wonder - why he bother you instead of the seller? Ask the opponent. Perhaps he stop bothering you when he understand that...

This is how i understand your problem. You bought the parcel of land say 100 sqm, since you trusted the seller, you constructed your house on the area pointed by the owner. Then another one bought 250 sqm, after he bought the land, he asked the geodetic engr to do actual measurement and found out that you encroached part of his land of 250 sqm, say instead he only get 230 sqm bec. yours is 120 sqm instead of 100 sqm. The 2nd buyer now wanted to get the 20 sqm from you. Is this your problem now? IF yes, then i think you really can't do anything.

antonio ekis wrote:This is how i understand your problem. You bought the parcel of land say 100 sqm,  since you trusted the seller, you constructed your house on the area pointed by the owner. Then another one bought 250 sqm, after he bought the land, he asked the geodetic engr to do actual measurement and found out that you encroached part of his land of 250 sqm, say instead he only get 230 sqm bec. yours is 120 sqm instead of 100 sqm. The 2nd buyer now wanted to get the 20 sqm from you.  Is this your problem now? IF yes, then i think you really can't do anything.

Yes, ganyan po. Even we were just builder in good faith? wala po ba kaming chance mabayaran man lang sa structures namin jan?

Wala po kayong habol diyan, unless bayaran nyo na lang yung part ng lupa nya. Pero kung ayaw po nya pumayag wala po kayo magagawa kundi alisin ang structure nyo sa part ng lupa nya. Daanin nyo na lang po sa paki usapan.

if a case has already been filed in court, your primary focus should be to get your own lawyer to attend to the case. your questions should be directed to him.

Yes, we already did. Thanks atty!