rights of way

hello tanong ko lang po naka bili po ako ng lupa nuon hanggang sa mai naka bili na rin po ng lupa sa harapan ng lupa na nabili namin, nuon binigyan kami ng daanan ng may ari ng lupa na nabilhan namin hanggang sa kina usap kami ng dating may ari ng lupa na ipa lipat daw namin yung gate namin sa kanang bahagi ng aming lupa na malapit sa sapa sapagkat may bibili daw sa lupa na binigay nila sa amin para maging daanan namin. May karapatan po ba kami na humingi ng daan kahit pwede naman kami dumaan sa gilid ng sapa?

Well. Everyone have right to get Right of way somehow*.
BUT it's suppoused to be as convinient as possible for the owner of the land where the "Right of way" is at.

*For a fee. Sometimes it can be a "For ever" fee to an earlier owner, but to have chance to be valid with new owner, it has to be noticed at the old owner's title.

Try to get an agreement direct with the new land owner.
If you can't reach agreement, go to Barangay Captain.

In 1989, a man owned a 300sq meters land. He sold to my parents a part of his land, 100sq meters. They were granted a right of way of the owner because our part is in the inner part of the land. My father had it surveyed, and in the blueprint, you can see clearly the Perpetual Right of Way, our piece of land and the remaining part of the land of the original owner.
For about five years ago, the owner of the land who has his part nearest the public road built a house over the Perpetual Right of Way. He said my mother allowed him to do so. But when I came home and saw the construction above the perpetual right of way, I told them they shouldn´t have done that because it is illegal and it is against the building code. You don´t block the right of way! Now my parents sold to me that little part of the land they bought. And it is clearly stated and described the Perpetual right of way in the transfer certificate of title that I have. Recently, the original owner of the land started to build a new building construction over the remaining Perpetual right of way!  My brother told me about the problem and I hurriedly traveled from Europe to the Philippines in hope that I could change the situation. I am worried that the owner won't listen to me and they insisted that I  could take it in court! What are my legal rights?

Imelda Sjöström wrote:In 1989, a man owned a 300sq meters land. He sold to my parents a part of his land, 100sq meters. They were granted a right of way of the owner because our part is in the inner part of the land. My father had it surveyed, and in the blueprint, you can see clearly the Perpetual Right of Way, our piece of land and the remaining part of the land of the original owner.
For about five years ago, the owner of the land who has his part nearest the public road built a house over the Perpetual Right of Way. He said my mother allowed him to do so. But when I came home and saw the construction above the perpetual right of way, I told them they shouldn´t have done that because it is illegal and it is against the building code. You don´t block the right of way! Now my parents sold to me that little part of the land they bought. And it is clearly stated and described the Perpetual right of way in the transfer certificate of title that I have. Recently, the original owner of the land started to build a new building construction over the remaining Perpetual right of way!  My brother told me about the problem and I hurriedly traveled from Europe to the Philippines in hope that I could change the situation. I am worried that the owner won't listen to me and they insisted that I  could take it in court! What are my legal rights?

What documents do you have
signed by the SELLER?
Or is anything noted at the SELLER's Title?

First step is bring it up with the Barangay Captain.
Even if you would have been WITHOUT right of way, you would have right to that somehow - for a cost - but in this case you have paid that allready...

I believe you can let some relative or friend represent you at Barangay level too, if you think they can do that good enough. But then you need to sign a document which I have forgot the name of.
Or you can bring it up, when you go there anyway.

Lunkan wrote:

Imelda Sjöström wrote:In 1989, a man owned a 300sq meters land. He sold to my parents a part of his land, 100sq meters. They were granted a right of way of the owner because our part is in the inner part of the land. My father had it surveyed, and in the blueprint, you can see clearly the Perpetual Right of Way, our piece of land and the remaining part of the land of the original owner.
For about five years ago, the owner of the land who has his part nearest the public road built a house over the Perpetual Right of Way. He said my mother allowed him to do so. But when I came home and saw the construction above the perpetual right of way, I told them they shouldn´t have done that because it is illegal and it is against the building code. You don´t block the right of way! Now my parents sold to me that little part of the land they bought. And it is clearly stated and described the Perpetual right of way in the transfer certificate of title that I have. Recently, the original owner of the land started to build a new building construction over the remaining Perpetual right of way!  My brother told me about the problem and I hurriedly traveled from Europe to the Philippines in hope that I could change the situation. I am worried that the owner won't listen to me and they insisted that I  could take it in court! What are my legal rights?

What documents do you have
signed by the SELLER?
Or is anything noted at the SELLER's Title?

First step is bring it up with the Barangay Captain.
Even if you would have been WITHOUT right of way, you would have right to that somehow - for a cost - but in this case you have paid that allready...

I believe you can let some relative or friend represent you at Barangay level too, if you think they can do that good enough. But then you need to sign a document which I have forgot the name of.
Or you can bring it up, when you go there anyway.

Hi!

I have a document signed by the seller the moment they sold it to my parents. My father got it surveyed and even have that document blueprint. It is stated in my title too.

Imelda Sjöström wrote:
I have a document signed by the seller the moment they sold it to my parents. My father got it surveyed and even have that document blueprint. It is stated in my title too.

So what do the neighbour seller say about you have such proof?

Are they powerful expecting you will give up or what?

Do you know if it's noted at the SELLER's title too? That would be extra strong.

Do you know if they have got building permit at your land?

Lunkan wrote:

Imelda Sjöström wrote:
I have a document signed by the seller the moment they sold it to my parents. My father got it surveyed and even have that document blueprint. It is stated in my title too.

 So what do the neighbour seller say about you have such proof?

Are they powerful expecting you will give up or what?

Do you know if it's noted at the SELLER's title too?    That would be extra strong.

Do you know if they have got building permit at your land?

Hi!

It seems that they didn`t know anything about it. They were amazed after knowing how things really are.
Yes, according to their title, it is stated too! Because it is everybody´s perpetual right of way!
I don't know if they have a permit! I think it´s the barangay´s job!

Imelda Sjöström wrote: It seems that they didn`t know anything about it. They were amazed after knowing how things really are.
Yes, according to their title, it is stated too! Because it is everybody´s perpetual right of way!
I don't know if they have a permit! I think it´s the barangay´s job!

When it's at THEIR title, then they are suppoused to know.  That's why I asked if it was only at your title or at theirs too.

And building permit giver are suppoused to check such BEFORE they decide.
So I find it fishy, I don't believe they tell truth...
I believe they just took it, believing they would get away with it by you not being there...

Are there any other POSSIBLE way to get out from your land, if the "right of way" is MOVED to there?
If so, the neighbour is perhaps prepared to pay so that can be a solution instead, to avoid needing to take away what they have built at your land.

Is WHOLE new building built at your land?
If so you can just TAKE it         if it become a fight legaly, because ALL buildings at some elses land belong to the land owner, except DURNG lease. Even such with lease contracts go to the land owner when the lease ends...   Land owner can even demand the land is put back to what it was before, which can be very costly for the other...

Some complicated though if the barangay/municipaly have made a misstake, because it's risk they don't ant to admit it    

Hello po, ang right of way ay Hindi po hinihingi, Ito po ay Binibili. May iba pa bang daanan na mas malapit? Makipag-usap kayo sa nakabili ng property na nasa harap ninyo.

mcHD wrote:hello tanong ko lang po naka bili po ako ng lupa nuon hanggang sa mai naka bili na rin po ng lupa sa harapan ng lupa na nabili namin, nuon binigyan kami ng daanan ng may ari ng lupa na nabilhan namin hanggang sa kina usap kami ng dating may ari ng lupa na ipa lipat daw namin yung gate namin sa kanang bahagi ng aming lupa na malapit sa sapa sapagkat may bibili daw sa lupa na binigay nila sa amin para maging daanan namin. May karapatan po ba kami na humingi ng daan kahit pwede naman kami dumaan sa gilid ng sapa?