Road Right of Way in Philippines!!!

[Tish]

Does anyone in this forum ever encountered problem with gaining access to their property in Philippines?

Any info regarding road right of way will be greatly appreciated.

Frustrated Tish

[nparvus1202]

There is always right of way when you bought property that are far off the main road. So what kind of problem are you having? Did you buy the property without a written rules on right of way? Or did the person included your right of way to a property being sold?

[Tish]

There is always right of way when you bought property that are far off the main road. So what kind of problem are you having? Did you buy the property without a written rules on right of way? Or did the person included your right of way to a property being sold?

*Purchased 500 sqm 2 years ago with an agreement to the land owner that if I pay for all expenses i.e. capital gains tax, transfer of title etc. my road right of way of 4meters wide be provided.

*Owner died last year without leaving a will, so the wife and 7 children now wants me to pay for the road right of way!!! Stating that my agreement was between their father and myself and not to the heirs!!!

*Now I feel like I'm being forced into a corner into paying the road right of way!

[KeithD]

Try;
1. A solicitor
2. Just use the right of way, an if they get stroppy, burn there house down.

[nparvus1202]

If you could show your contract to a lawyer, no contest, you win your case, but you will be a target of terrorism by the heirs. It's either you fight terrorism with terrorism or buy the right of way and used it only by you.

[vbkelly]

*Purchased 500 sqm 2 years ago with an agreement to the land owner that if I pay for all expenses i.e. capital gains tax, transfer of title etc. my road right of way of 4meters wide be provided.

*Owner died last year without leaving a will, so the wife and 7 children now wants me to pay for the road right of way!!! Stating that my agreement was between their father and myself and not to the heirs!!!

*Now I feel like I'm being forced into a corner into paying the road right of way!

check your document if you had an agreement to the right of way to the owner, its not good if just only verbal agreement you need a written document stating that you have a right of way of that land...and or maybe that people knows it but bcoz you are foreigner there and they need a money bocz of hard life there that why they doing that to you,go to your solicitor and sort it out.anyway what parts of philippines you are now

[fred]

2 simple rules of safe driving in RP.

1. If its bigger than you..Give way.
2. If you are a foreigner..Do not have an accident
2a. even if it is not your fault.

Happy trip!!

[Tish]

Try;
1. A solicitor
2. Just use the right of way, an if they get stroppy, burn there house down.

1. Already been in contact with a solicitor, and he gave me two choices:Firstly, I could just buy the road right of way, of which they're charging me nearly 3 times as much as what I paid for my land per sqm!!! Secondly, I could take them to court which is probably costly and lengthy process too
2. And you've just given me the third option Mr Admin, a very tempting one indeed

[Tish]

If you could show your contract to a lawyer, no contest, you win your case, but you will be a target of terrorism by the heirs. It's either you fight terrorism with terrorism or buy the right of way and used it only by you.

My solicitor says that I could take them to court and win the case, but they can make it a lengthy process which it could probably cost me a lot of money plus the heart ache that goes with it! So it looks like the best thing for me to do is to just buy the road right of way!

[Tish]

check your document if you had an agreement to the right of way to the owner, its not good if just only verbal agreement you need a written document stating that you have a right of way of that land...and or maybe that people knows it but bcoz you are foreigner there and they need a money bocz of hard life there that why they doing that to you,go to your solicitor and sort it out.anyway what parts of philippines you are now

I'm in a process of sorting this problem out vbkelly, thanks for the input.
I'm in Lapu-lapu City at the moment.

[andypaul]

Sue them if you have paperwork, if they dont have much money take the land and their house that will teach them.

[KeithD]

Build a big feckin bridge over there house

[andypaul]

Build a big feckin bridge over there house

or a tunnel underneath if it caves in serves them right.

[pennybarry]

I just don't know what agreement you signed when you bought that property. If it is conditional sale or Deed of Absolute Sale. If you buy a property which is subdivided from mother title, the surveyor will automatically subdivide the property and give you at least 3 meters right of way. The right of way will be stated in your Title. Deed of Absolute Sale is free from all encrumbrances, not under mortgage, you paid already the whole amount of property, both in good faith etc. If the Title is still in their parents name, then that is still unconditional sale. The seller still the right to mortgage and sell the property to others and their heirs can do the same. If the Title is already in your name, but still no right of way, then the seller is not in good faith in selling that property. You have now the right to file a case against them. If the Title is still in their parents name, You must transfer the Title in your name from the period of 1 year, if you failed to do so, you will need to pay inheritance tax.

[pennybarry]

Does anyone in this forum ever encountered problem with gaining access to their property in Philippines?

Any info regarding road right of way will be greatly appreciated.

Frustrated Tish

Before Golden City became Subdivision, it was a 40-50 hectares rice field owned by different farmers. The buyer started to buy at P80.00-200/ sq. meter about 17 years ago. Our farm is located closed to entrance gate but we have no intention to sell the farm. Until when developing the property they bought, they covered it with BARB WIRE along Mom's farm. There were also security guards paid by developer which made may parents scared.It was depressing and frustrating to see my elderly parents bending their body just to access their property so I wrote to HOY GISING! program producer about this. She helped me televised for 2 times and with the help of them, we got 3 meters wide Right of Way. I was interviewed 2 times then. Mom and Dad made happy for that but still I saw them walking from gate to their Nipa Hut or Bahay kubo about 20 yards away. So I bought a piece of land when it became subdivision and chosen the place where exactly where the hut is. They can easily access their hut

In your case, I advised you to ask for a copy of the Title (If Title is still in the seller's name) Once you have a copy, go to your nearest REgister of DEEDS and ask for Certified true copy. It cost P60.00/ page and 1 day processed. The certified true copy will tell you if the property was mortgaged and cancelled, how genuine is their property etc. Then you can go to your municipality to ask if they are paying REAL PROPERTY TAX YEARLY. Real Property Tax must be paid by seller while Capital Gains Tax 5-7% of Total Sales) is usually pay by the buyer. Inhertance Tax will be paid by the Heirs. Since the property is not yet subdivided, you need to ask the heirs who will pay for the surveyor or License Civil Engr to measure the property. You said they have 7 children so they also need to pay the surveyor for each measurement belongs to them. The surveyor will automatically give you at least 3 meters wide. You will also ask them who will pay the processesing at Register of Deeds, It is a long way to finish if you bought a property if not free from all encumbrances. I wish you luck

[Tish]

Sorry for not having to let people here that everything is all sorted out now regarding my problem with road right of way. (I ended up buying the road right of way to avoid hassles!!) I'm now waiting for the Transfer of Title which I know it can take a while

A lot happen since I posted that thread.

I'm now back in the UK (3 weeks ago!), and back at work too!

Again, thanks for all your help.

Tish