Real estate attorneys; a right of way question please?

Question

My wife recently purchased a property from a neighbor here in the Tayud area.
It has a decent right of way and there are over a dozen different homes on the right of way (none of the people are related to the right of way owner).
The man who claims to have bought all of the property which only covers the right of way also owns a rental house there (he does not live there) at or about the middle ways of the right of way.
He admits buying the right of way to restrict the homes being built in the area so his homes will be of higher value and he is also pressuring all of the land owners to sell to him at rediculously low prices so he can develop the land for his own rental units.
He is restricting anyone from using the right of way for the delivery of construction materials if he feels that the home being built is going to be worth more than what he owns on the road.
He has told us that we can only use a multicab for deliveries and no large trucks which are badly needed to transport fill and topsoil to my wife's lot.
My question is this;
Can he actually buy up and control all right of way easements this way?
Is there any way to have Lilo-an City condemn and take the road over as public domain?
What rights do the land owners have when it comes to dealing with this bully?
This right of way supposedly been open to the public for around 100 years according to some of the residents here.

Answer 1

According to you, the man claimed he bought the right of way for his properties located halfway at the back. In your case, check the TCT (land title) if it specifically stated its right of way. If it's the same right of way, then by all means you have the right to pass by that easement and offer to shoulder the cost of damage to the easement road due to truck deliveries. If you don't have the right of way, then you can settle this by offering the following:



1. Offer an amount to share based on the current value of the easement lot.

2. Offer to share the real estate taxes of the easement lot.

3. Offer to do the repair in case the delivery of trucks with heavy load will damage the easement road.



Read this reference in Title VII: Easements or Servitudes;

http://books.google.com/books?id=2nWNwBtQJHYC&pg=PA125&lpg=PA125&dq=Title+VII+Easements&source=bl&ots=0kQvQbyxtr&sig=3aONyVh5ntu87v5ngmdGvBth0OE&hl=en&ei=oLQYStaUEomTkAW_nUw&sa=X&oi=book_result&ct=result&resnum=1#PPA97,M1

Answer 2

Hey,



In reply to your question, Real estate attorneys; a right of way question please?, I can say you that take a look at this site http://inquirelawyers.com it might help you



As you asked; "My wife recently purchased a property from a neighbor here in the Tayud area. It has a decent right of way and there are over a dozen different homes on the right of way (none of the people are related to the right of way owner). The man who claims to have bought all of the property which only covers the right of way also owns a rental house there (he does not live there) at or about the middle ways of the right of way. He admits buying the right of way to restrict the homes being built in the area so his homes will be of higher value and he is also pressuring all of the land owners to sell to him at rediculously low prices so he can develop the land for his own rental units. He is restricting anyone from using the right of way for the delivery of construction materials if he feels that the home being built is going to be worth more than what he owns on the road. He has told us that we can only use a multicab for deliveries and no large trucks which are badly needed to transport fill and topsoil to my wife's lot. My question is this; Can he actually buy up and control all right of way easements this way? Is there any way to have Lilo-an City condemn and take the road over as public domain? What rights do the land owners have when it comes to dealing with this bully? This right of way supposedly been open to the public for around 100 years according to some of the residents here." I hope it might help you.



Best of Luck :)

Answer 3

I have to agree with Ann's point of view. Caveat emptor as you are being nailed.



No need to be sarcastic to your additional details since you were the one who needs our opinion here not us.



Therefore, I strongly suggest that you hire a lawyer before the easement will be close for good and you will no longer be given the access to the road.



As a prospective Buyer to any real estate property, it is your obligation to find out regarding the title because it certainly states which boundary/ies the property is situated including but not limited to easement.



Your best take on this, is to sell your land as the law in the Philippines is too slow and you will end up spending more than your land's worth.

Answer 4

You are asking american real estate attorney to tell you what can be done in a 3rd world nation like the Philippines as to land. They not only have no idea how people handle trouble in a foreign land and there are different laws in the US.

Or you are hoping a Philippine real estate attorney will answer your question pro bono. How about highly unlikely!

Your best bet is sell and buy elsewhere.

Laws in a 3rd world country away from major cities is pretty much like the wild wild west. People kill and die for land, life is cheap.

How much is yours or your wife's worth?

Answer 5

I thought you already knew everything. Any time a foreigner is in the mix, your gonna have to pay somebody something. If the Filipino dog bites you, you have to pay. If you want to go into or out of some place, you gotta pay. If someone robs you at knifepoint or gunpoint and the pulis are watching it happen, you gotta pay them to chase the guy. Bottom line: You always gotta pay. Now, tell us again what a lovely country this is.