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Free Legal Advice Philippines » FREE LEGAL ADVICE » PROPERTY » Building a Gate on an Existing Road Right of Way

Building a Gate on an Existing Road Right of Way

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Blank44


Arresto Menor

Good morning

An individual erected a gate on an existing road right of way in our barangay, sealing the entire road. The person who built the gate does not have a land title ( in short hindi sila ang mayari ng lupa), only a letter granted by the owner of the lot adjacent to the existing road right of way granting him access to pass the road so he can reach his house. Also, they have a court order that stated they are authorized to build a gate in the said existing road right of way. What shall we do about this? A lot of people in our barangay are affected by this move. Thanks

xtianjames


Reclusion Perpetua

gather all the people affected and raise your issue with the barangay.

betchay001


Reclusion Perpetua

Hello,

It is interesting that there is a court order that authorized the erection of a gate on a right of way. Maybe it's not a right of way on paper, but because of use has become so. It could be a titled piece of land maybe and the real owner wants to use his property.

Please try to get as much information as you can, since that is a court order already and no baranggay official will contest that (if it is valid).

Blank44


Arresto Menor

betchay001 wrote:Hello,

It is interesting that there is a court order that authorized the erection of a gate on a right of way. Maybe it's not a right of way on paper, but because of use has become so. It could be a titled piece of land maybe and the real owner wants to use his property.  

Please try to get as much information as you can, since that is a court order already and no baranggay official will contest that (if it is valid).

The people who erected the fence are not the owner of the land. We have a blueprint of the said property since it is adjacent to our gate and it says Existing Road Right of Way. The people who fenced the road insist that the land is their's but do not have the documents to prove that otherwise.

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Free Legal Advice Philippines » FREE LEGAL ADVICE » PROPERTY » Building a Gate on an Existing Road Right of Way

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