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Needing legal advice again.....
Recently, my father's siblings had another farm land (which they inherited from their diseased parents) resurveyed, again for the issuance of titles. In the original Deed of Sale the area stated was 3.3666 hectares. But after the resurvey, it was learned that the new land area is 6.44 hectares. Moreover, they learned that about 1/4 of that new area, was occoupied by their first cousin (cultivated and planted) without their knowledge. What the siblings knew was that their counsin's family has a farm in that area for about 50 years already but they did not know that the latter has encroached into their land and are now claiming ownership of the said land.
When they met recently before the Barangay Captain to settle the issue, it was learned that their cousin's family has no papers to prove ownership and has not even paid the taxes for it.
The problem now, is that he is not willing to give it back to my father's siblings. Actually, my father's siblings (being very close with their cousin's family) are willing to give the land to him because they do not want to destroy the good relationship they have ever since.
The problem lies with one of the relatives (who bought the share of one of my Uncles last Oct 2008) who is not willing to back off and would like to pursue the case.
I have read an article that if the "area" differs from the "boundaries", the boundaries prevail. However, my Uncle learned from this lawyer friend that the boundaries law will not apply in this case coz the other party may invoke "Occupancy Law", and they may win the case.
What do you think? What does the Occupancy Law say?
Recently, my father's siblings had another farm land (which they inherited from their diseased parents) resurveyed, again for the issuance of titles. In the original Deed of Sale the area stated was 3.3666 hectares. But after the resurvey, it was learned that the new land area is 6.44 hectares. Moreover, they learned that about 1/4 of that new area, was occoupied by their first cousin (cultivated and planted) without their knowledge. What the siblings knew was that their counsin's family has a farm in that area for about 50 years already but they did not know that the latter has encroached into their land and are now claiming ownership of the said land.
When they met recently before the Barangay Captain to settle the issue, it was learned that their cousin's family has no papers to prove ownership and has not even paid the taxes for it.
The problem now, is that he is not willing to give it back to my father's siblings. Actually, my father's siblings (being very close with their cousin's family) are willing to give the land to him because they do not want to destroy the good relationship they have ever since.
The problem lies with one of the relatives (who bought the share of one of my Uncles last Oct 2008) who is not willing to back off and would like to pursue the case.
I have read an article that if the "area" differs from the "boundaries", the boundaries prevail. However, my Uncle learned from this lawyer friend that the boundaries law will not apply in this case coz the other party may invoke "Occupancy Law", and they may win the case.
What do you think? What does the Occupancy Law say?
