Squatters And Players Finally Some Justice For A Property Owner

[Old55]

Our family has had a history of squatters and family stealing property from them.

My father in law is a kind and thoughtful man. He will avoid conflict and has been taken advantage by his family for that reason. 

I just learned today that things have recently changed.  :buttkick: T :mocking:

They own a 3-5 hectares lot in Talisay Cebu. Much of that was inherited 15 years ago. During the inheritance changeover a few distant family and others moved in and squatted on about 500m of that property. Somehow one family were able to legally steal about 300m of that area. They now have a clear title. Over the years that family has been actively attempting to contest that they own the whole property and they have been playing off the squatters that if they can get it some will be "given" to them. The whole thing has a long history and is complicated like many things in da Philippines.

 

My sister in law is the only one living there now. She runs a successful store on the family lot living in the store to keep an eye on the remaining property and the rentals on it.

 

Recently she decided to expand the store and build a small house for herself. So she had the whole property surveyed. It was then she found out the "bad" family had moved the cornerstone of the stolen property expanding their lot now part of their house is on the stolen property. A few witnesses came forward who saw the corner stone moved. My sister in law got pissed accosted the bad family who just laughed. So with help of our lawyer she took the whole mess to the Barangay Captain who backed her 100%. The bad family had to move the corner stone to the correct location tear down a fence and part of their house. Two of the squatter families were forced to move off the property. The remaining squatters are  now very polite and on good terms with our family.

Edited December 25, 2014 by Old55

[Jollygoodfellow]

The remaining squatters are  now very polite and on good terms with our family.

 

Maybe now but in the future if the sister in law wants to develop the property further there are still squatters there if I understood it correctly.

[Old55]

The two remaining squatter families now have rights to the 200m area they reside on. There is no way to remove them.

[Thomas]

The two remaining squatter families now have rights to the 200m area they reside on. There is no way to remove them.

Yes, they can get possesion right when they have been in a place a while.

So DON'T let anyone use your land, without PAY them salary as "caretaker" Then they don't get possesion right.

 

But is that rule for all types of land?   I thought not for titled land.

Anyone know the time limit to get possesion?

[Old55]

Thomas it is unclear to me just what Squatter rights are but I know that they do have some legal standing. You are right the key is if they squat for a certain length of time and or make improvements to the land. 

 

I only listed the link as the law is very long and confusing. It deals with squatters among other things. 

 

 

REPUBLIC ACT NO. 7279

 

 

AN ACT TO PROVIDE FOR A COMPREHENSIVE AND CONTINUING URBAN DEVELOPMENT AND HOUSING PROGRAM, ESTABLISH THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES.

 

 

http://www.chanrobles.com/republicactno7279.htm

[Thomas]

AN ACT TO PROVIDE FOR A COMPREHENSIVE AND CONTINUING URBAN DEVELOPMENT AND HOUSING PROGRAM, ESTABLISH THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES.

Then I suppouse it was some other law, which concern the case I had read about.

(It was a case where a (Filipino) had lost the right to his land by he had let people stay there and use the land for no fee. Then he got the answer, he hadn't got the problem if he had paid them as "caretakers".   

I GUESS no problem either if there had been a LEASE contract.)

 

Do the law you linked to refer to PRIVATE land too?   Titled or only freehold?      If anyone have read   :)

I know PUBLIC land in/close to cities are given to squatters now and then, but sometimes they are FORCED to move to land they are offered elsewhere.

(E g before Yolanda that happened in Ormoc, People in a squatter section had to move away to land, which they would get if they stayed (6 ?) months.  The problem was it was rather far from the city and far to communications too.

An other example is in a part of Cagayan de Oro the local government thought of give away the land to the owners of the houses, of which some are NICE !  That was over a year ago,  I don't know if it is decided yet.)

[Call me bubba]

why does people do that ?  :th_hu:

greed? insufficient mental capability to comprehend right from wrong?

 DNA?genetics ?

 as it appears it happens a lot here in the philippines?  

 

and the REAL landowner seems to have NO rights to protect ones self         :th_unfair:

[scott h]

You Know, I have been exposed to Filipino family politics for over 20 years now via may wife and almost ALL family feuds if have heard of have involved property.

 

.

and the REAL landowner seems to have NO rights to protect ones self

 

Its not so much that the land owner doesn't have rights, I believe it is because the legal system is just so convoluted. First go to the Barangay and ask for judgement, then to city hall, then to the courts. At anytime the DREADED TRO (temporary restraining order) is granted (and they always seem to be granted) then lawyer illness delays things followed by all sorts of excuses for delays etc etc etc and etc. These things can drag on for years and years and feelings among family members get worse and worse.