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Hi, this is Mae. I would like to seek legal advice regarding a land dispute between my in laws and our adjacent lot. The chronological events are as follows:
The original owner was Sebastian Fajardo having a tax declaration dated 1947 with a lot area of 3916 sq.m.
By virtue of an Affidavit of Confirmation he left his land to his 4 children namely Eucadia, Margarita, Andres and Antonio whom he divided his land equally upon his death at 979 sq.m. each.
Eucadia left his land to Bernabe, her only heir
Margarita and Andres assigned their respective lots to Bernabe.
Antonio left divided his land equally to his heirs namely Isidro, Clara, Virginia, Cresencia, Honoria and Ceferina at 163.16 sq.m. each. (They did not have the lot surveyed and partitioned)
By virtue of a deed of sale, our grandfather bought Andres' land from Bernabe Fajardo dated 12/31/1975 backed up by his deed of assignment with at lot area of 979 sq.m. at the amount of P 1,650.00
By virtue of a deed of sale, our grandfather bought the following from the heirs of Antonio Fajardo.
- Isidro sold his share of 1/6 of 979 dated 3/31/1973 at P500.00.
- Clara and Cresencia sold their respective shares of 1/6 each of 979 at P1,000.00 under one Deed of Sale dated 5/17/1972.
- Lastly, Virginia sold 1/6 of her share of 979 sq.m. at P500.00 dated 3/31/1973.
Total lot area bought from Bernabe Fajardo and the 4 heirs of Antonio Fajardo equaled to a total of 1631.64 SQ.M.
Around 1975, to separate his purchased lot from the Fajardos, our grandfather partitioned the whole lot of 3916 and that is now the present partition being followed and occupied by all of the heirs of Sebastian Fajardo as recorded by Engineer Michael Mayol who is also at the same time a lawyer. In a confirmation of sale executed by Virginia Fajardo-Corsimo dated October 27, 2011, she stated that they had assigned our grandfather to be their attorney-in-fact in the partition of the above mentioned parcel of land. Since the 1970's, our grandfather and his heirs have been occupying the land at a total area of 1599 sq.m.
Late last year, we processed a fencing permit because we will be using the lot already. But the heirs of Clara Fajardo blocked our permit citing that we are occupying a portion of their land. It was just then that we realized the lot area as recorded from the Bureau of Land was in fact only 5411 square meters, 2575 sq.m. of which is being owned by our ancestor Lucas Perez. This now leaves the remaining total area of the Fajardos to only 2,836 sq.m. and not 3,916 sq.m. as reflected on their Tax Declaration.
The partition of the remaining land according to G.E. Mayol are as follows:
Eucadia/Bernabe: 489 sq.m.
Margarita/Bernabe: 552 sq.m.
Andres/Bernabe: 587 sq.m. ** sold to Felipe Perez
Antonio: 588 sq.m. (divided by 6 heirs = 98 sq.m per heir)
** 4 Heirs sold their share to Felipe Perez (98 x 4 = 392 sq.m)
Currently occupied by Felipe Perez and heirs: 620 sq.m.
TOTAL AREA: 2,836 SQ.M.
Heirs of Felipe Perez are now occupying a total 1,599 sq.m.
Furthermore, Our grandfather donated to Eucadia 98 sq.m. from his titled lot to make hers a total of 587 sq.m.
Our grandfather donated to Margarita 35 sq.m. from this titled lot to make hers a total of 587 sq.m.
All 4 shares had then have 587 sq.m. each equal share. While Bernabe sold his share from Andres Fajardo to our grandfather, the remaining lots of Eucadia and Margarita remained and are now being occupied by the heirs of Bernabe. They don't have a problem with their current shares of lot.
Clara Fajardo bought the 1/6 each shares of Honoria and Ceferina in the 1980's and her heirs are holding the tax declaration still taken from the original 3,916 sq.m. They claim that their total lot area is still 326.32 sq.m. and they will not accept the partitioned share of 98 sq.m. each totaled to only 196 sq.m.
When the heirs of Felipe Perez applied for a Fencing permit they blocked the processing and adamantly demanded that the heirs of Felipe Perez return their remaining lot of 130.32 sq.m.
Do we have a legal claim on the lot that we are now currently occupying? How can we proceed with the fencing permit? We are also scared for our safety as the other party are very aggressive. Please advise us. Thank you very much.
The original owner was Sebastian Fajardo having a tax declaration dated 1947 with a lot area of 3916 sq.m.
By virtue of an Affidavit of Confirmation he left his land to his 4 children namely Eucadia, Margarita, Andres and Antonio whom he divided his land equally upon his death at 979 sq.m. each.
Eucadia left his land to Bernabe, her only heir
Margarita and Andres assigned their respective lots to Bernabe.
Antonio left divided his land equally to his heirs namely Isidro, Clara, Virginia, Cresencia, Honoria and Ceferina at 163.16 sq.m. each. (They did not have the lot surveyed and partitioned)
By virtue of a deed of sale, our grandfather bought Andres' land from Bernabe Fajardo dated 12/31/1975 backed up by his deed of assignment with at lot area of 979 sq.m. at the amount of P 1,650.00
By virtue of a deed of sale, our grandfather bought the following from the heirs of Antonio Fajardo.
- Isidro sold his share of 1/6 of 979 dated 3/31/1973 at P500.00.
- Clara and Cresencia sold their respective shares of 1/6 each of 979 at P1,000.00 under one Deed of Sale dated 5/17/1972.
- Lastly, Virginia sold 1/6 of her share of 979 sq.m. at P500.00 dated 3/31/1973.
Total lot area bought from Bernabe Fajardo and the 4 heirs of Antonio Fajardo equaled to a total of 1631.64 SQ.M.
Around 1975, to separate his purchased lot from the Fajardos, our grandfather partitioned the whole lot of 3916 and that is now the present partition being followed and occupied by all of the heirs of Sebastian Fajardo as recorded by Engineer Michael Mayol who is also at the same time a lawyer. In a confirmation of sale executed by Virginia Fajardo-Corsimo dated October 27, 2011, she stated that they had assigned our grandfather to be their attorney-in-fact in the partition of the above mentioned parcel of land. Since the 1970's, our grandfather and his heirs have been occupying the land at a total area of 1599 sq.m.
Late last year, we processed a fencing permit because we will be using the lot already. But the heirs of Clara Fajardo blocked our permit citing that we are occupying a portion of their land. It was just then that we realized the lot area as recorded from the Bureau of Land was in fact only 5411 square meters, 2575 sq.m. of which is being owned by our ancestor Lucas Perez. This now leaves the remaining total area of the Fajardos to only 2,836 sq.m. and not 3,916 sq.m. as reflected on their Tax Declaration.
The partition of the remaining land according to G.E. Mayol are as follows:
Eucadia/Bernabe: 489 sq.m.
Margarita/Bernabe: 552 sq.m.
Andres/Bernabe: 587 sq.m. ** sold to Felipe Perez
Antonio: 588 sq.m. (divided by 6 heirs = 98 sq.m per heir)
** 4 Heirs sold their share to Felipe Perez (98 x 4 = 392 sq.m)
Currently occupied by Felipe Perez and heirs: 620 sq.m.
TOTAL AREA: 2,836 SQ.M.
Heirs of Felipe Perez are now occupying a total 1,599 sq.m.
Furthermore, Our grandfather donated to Eucadia 98 sq.m. from his titled lot to make hers a total of 587 sq.m.
Our grandfather donated to Margarita 35 sq.m. from this titled lot to make hers a total of 587 sq.m.
All 4 shares had then have 587 sq.m. each equal share. While Bernabe sold his share from Andres Fajardo to our grandfather, the remaining lots of Eucadia and Margarita remained and are now being occupied by the heirs of Bernabe. They don't have a problem with their current shares of lot.
Clara Fajardo bought the 1/6 each shares of Honoria and Ceferina in the 1980's and her heirs are holding the tax declaration still taken from the original 3,916 sq.m. They claim that their total lot area is still 326.32 sq.m. and they will not accept the partitioned share of 98 sq.m. each totaled to only 196 sq.m.
When the heirs of Felipe Perez applied for a Fencing permit they blocked the processing and adamantly demanded that the heirs of Felipe Perez return their remaining lot of 130.32 sq.m.
Do we have a legal claim on the lot that we are now currently occupying? How can we proceed with the fencing permit? We are also scared for our safety as the other party are very aggressive. Please advise us. Thank you very much.
Last edited by kyles_ac on Wed Aug 29, 2018 4:26 pm; edited 1 time in total (Reason for editing : incomplete)
