meralco post transfer

hi please help.. we are currently constructing our house and a meralco post is in our property which is suppose to be at least in between two property, but our selfish neighbor did not leave a space for sidewalk and for that reason the meralco post was erected in our property. the meralco post was there before we purchase the land. the problem is, it is blocking our way(gate) and the fear that the high tension wires are beyond reach because we are constructing a four storey building and our street is a small alley maybe less than 2 feet and you can accidently touch it. i have already applied for its transfer but it was very expensive P341,000 considering it will only be move 11 meters away and it wasn't our fault that it was there. i tried to ask for discounts but was non negotiable and cash spot on. my question is.. can i make demand on right of way? or ask for its transfer because it is hazardous (with discount of course)? with the construction on going we are really on a tight budget =( thanks

also, the total contract price for transferring the post went high because we have to pay for all the wires connecting our neighbor to the new proposed location. do we really have to shoulder that?? because it is very unfair for us considering we are the victim here of a misplaced meralco post. we are willing to pay for the transfer but not for the wires of our selfish neighbor who is behind this.

This is Trespassing on a Private Property; I believe you don't have to pay for anything, you have all the rights to compel MERALCO to transfer their Post outside the premises of your property. This is hilarious. They are even bound to pay you for their stupid mistake.

New Civil Code Article 429
...................................... For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. (n)

Art. 435. No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation.

Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession. (349a)

sir thank you for your brief reply.. actually the meralco post is in the sidewalk but is place closer to us (that is why we cannot fully drive in and out of the propose gate) only a single cable is inside our property which is pinned to the floor(i think it is for balancing the post or making it strong against shaking).
what can i do? do i need a lawyer to make a demand letter?

This is really crazy! If their cable is passing within your premises, then by all means you can compel them to correct their mistake. This would clear things out for you.

SURFACE, SUBSURFACE AND AIR RIGHT
Land, in its legal signification, extends from the surface downwards to the center of the earth and extends upwards indefinitely to the skies. The surface and subsurface of rights of an owner entitle him to construct thereon any works or make any plantations and excavations without detriment to servitudes and special laws. Air right is the right of an owner to use and control the air space over his land subject to the requirements of aerial navigation, laws, or contract.

Meaning: They are still Trespassing over Private Property.

thank you again jd888, talk to the engineer of meralco tutuban branch who is handling our request for transfer he said that the meralco post was legally put up there with the approval of the previous owner. do you know somebody who is an expert on this kind of situation? because P349,000 is too much.. the previous owner might /might not be with us now(because he was sick when he sold the land to us)

Forgive me for saying but Meralco is really stupid to demand money from you. What was mentioned in the previous response is correct, they are the ones who need to pay you. My Father-in-Law is in the same situation, and they're just waiting for the transfer of the post. They are required to pay the "complainant for as long as the post is in a private property, more so in a residence.

Get the best Lawyer in town. That's all. They are bunch of %$&(%$$))$#) there at Meralco. Protect your RIGHTS don't be a Push-Over guy.

if they can prove that the previous owner allowed it, then you, as successors in interest, are bound by it.

I'm on the same situation, guy wire of VECO post (Cebu) is blocking my entrance gate of newly constructed house and they say post transfer expenses will be shouldered by me since post erection is approved by the developer of the subdivision. What should I do?

I complained to Meralco about cables passing through my yard, they did an ocular check, I talked to their representatives but in the end, Meralco asked me to pay them 25thousand if relocation is to be done with their giant post... This is a normal thing that Meralco does even in subdivisions, lots were not properly or completely measured for allocation to future homeowners but Meralco is already finished erecting, planting their posts that when houses are done, you'll find their cables almost touching the windows on the 2nd floor of the house or homeowners will be sitting in their yards with Meralco cables hanging overhead... What should we do to compel Meralco to either relocate their post or redirect their cables away from our properties at their own expense