Dead End Land Ownership

Good day to all legal advisers,

My family bought a residential lot situated at a dead end corner of a street,where we built 3-storey house.

HERE'S THE PROBLEM: the 2nd and 3rd floor's front right side corner exceeded 1 meter from the actual size of the lot we bought.For this reason, the previous owner of the said property is pursuing us to pay for said 1 meter excess.They want us to pay for that 1 meter lot based on the present land value in our city.

We already sought for some legal advice from the City Hall.Some said "Hindi nyo kailangan magbayad dahil dead end na ung location and wala namang naaabala." While the others said " Kelangan nyo bayaran kasi lumagpas."


The house was constructed about three years ago but the previous owner started asking us to pay for the said excess meter only recently. We are willing to pay and settle this problem, BUT THE THING IS, if ever we will be able to pay for it,they can never guarantee us to have its land title in our name because the said lot is part of the street.

HERE IS THE LOCATION'S ILLUSTRATION : (please take a look and give us some advice) THANK YOU!

While it is true that your property encroached on the road, the previous owner has no personality to ask payment or to sell the part of the road you encroached because it is part of the public domain. You are not liable to the previous owner but you are liable against the government. If somebody in the neighborhood complains then the encroachment may be ordered to be demolished. But since you are at the dead end, then nobody might complain yet.

Property of public ownership is that destined to the public use, such as roads, canals, rivers, torrents, ports, and bridges constructed by the State, and banks shores, roadsteads, and that of a similar character.

The above-mentioned properties are parts of the public domain intended for public use, are outside the commerce of men and, therefore, not subject to private appropriation. ( 3 Manresa, 6th ed. 101-104.)

Thanks for the quick response sheriff!

What if the said street is not actually public. The whole street is owned by them.
What is our right?
And how about the right of way?

what do you mean? Does the seller own the compound or are you living in a private subdivision?

Its not a subdivision but the other party used to own the said compound,until they decided to sell parts of it to other people.

They have the Land Title for the vacant lot but it indicates there that the "RED AREA" in my illustration is part of the street therefore,they cannot provide us with Land Title for that small lot.
Because in the document they have,its part of the steet provided for the factory and our house.

Do they have the right to ask us to pay for that area..provided that the "RED AREA" falls on the small area of the dead end street.

the owner has the right to demand from you the payment corresponding to the portion of the private road you encroached. you are bound to pay the owner. although they cannot provide you a title for the small portion you encroached, you can have the sale annotated at the back of the land title of the seller

ok...
thanks for your time sheriff