Road right of way

[LytSlpr]

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ka hangol sad sa tag-iya sa yuta gud. imagine maka-kuarta siya ug mga 2K every month para lang maka-agi ang mga nagpuyo sa likod. di na sad siguro ni sakto uy.

you may not be agreeable with it but it is HIS RIGHT unless the law states otherwise.

let me give you a scenario...

we have a subdivision somewhere in Talisay City. we agreed to let 2 subdivisions to pass by OUR main road which is 4 lanes wide for their access. That was way back in 1990. Needless to mention 1 of the 2 subdivisions has around 5,000 households. And now, around 12-15 subdivisions pass by the MAIN ROAD of OUR subdivision including tricycle and habal-habal and most of the time resident motorists are speeding and nobody pays a single cent passing OUR ROAD even big trucks for people who have huge, frequent deliveries when they are constructing their homes.

nobody is paying, NOT EVEN THE GOVERNMENT and the developer is maintaining the road and street lighting. if the government wants to let the public use our road then they have to pay us through an expropriation procedure or the developers of ALL the subdivisions that use our private road lot should give us a percentage of their sales through an MOA if they want to have access to our road just like the arrangement of the owner of a private road lot with Sta. Lucia for Newtown Homes in Pardo.

In January 2007 we will definitely start collecting toll fees for 6 wheeler trucks and above and impose an annual fee through a gate pass sticker for ALL resident motorist who will pass by our road and they should even be thankful to us for letting them use our road FOR FREE for 16 years now.

Do you think that is fair? I THINK IT IS and the government cannot do jack about it.

[imverydumb1]

you may not be agreeable with it but it is HIS RIGHT unless the law states otherwise.

let me give you a scenario...

we have a subdivision somewhere in Talisay City. we agreed to let 2 subdivisions to pass by OUR main road which is 4 lanes wide for their access. That was way back in 1990. Needless to mention 1 of the 2 subdivisions has around 5,000 households. And now, around 12-15 subdivisions pass by the MAIN ROAD of OUR subdivision including tricycle and habal-habal and most of the time resident motorists are speeding and nobody pays a single cent passing OUR ROAD even big trucks for people who have huge, frequent deliveries when they are constructing their homes.

nobody is paying, NOT EVEN THE GOVERNMENT and the developer is maintaining the road and street lighting. if the government wants to let the public use our road then they have to pay us through an expropriation procedure or the developers of ALL the subdivisions that use our private road lot should give us a percentage of their sales through an MOA if they want to have access to our road just like the arrangement of the owner of a private road lot with Sta. Lucia for Newtown Homes in Pardo.

In January 2007 we will definitely start collecting toll fees for 6 wheeler trucks and above and impose an annual fee through a gate pass sticker for ALL resident motorist who will pass by our road and they should even be thankful to us for letting them use our road FOR FREE for 16 years now.

Do you think that is fair? I THINK IT IS and the government cannot do jack about it.

In your case, the road is passable still to the public. You are only asking contribution for road maintenance. May I ask if it is possible also to convert that road to a barangay road so that the barangay has the jurisdiction for its repair and maintenance?
In our case there is no maintenance involved since the road has not been concreted. And that this road is actually provided because the owner sold part of her lot to my neighbors and requires a road to the buyers.

[LytSlpr]

In your case, the road is passable still to the public. You are only asking contribution for road maintenance. May I ask if it is possible also to convert that road to a barangay road so that the barangay has the jurisdiction for its repair and maintenance?
In our case there is no maintenance involved since the road has not been concreted. And that this road is actually provided because the owner sold part of her lot to my neighbors and requires a road to the buyers.

It is our prerogative to DONATE it to the barangay or the city but we do not want to do that because the government is not worth it as per experience in the current subdivision that we are living in mandaue. The homeowners already donated our road to the City of Mandaue and they were not able to maintain our roads. The bad part is that is we cannot close some parts of our subdivision that has access to 2 squatters area and the homeowners cannot collect toll fees anymore since it is already a public road. The worst part is we cannot reverse the deed of donation anymore and if ever it is possible it is already a long shot.

What we want to happen in our Talisay subdivision property is to impose toll fees and if the resident motorists will complain, we will close down the road and wait for complainants or the government to file a case against us and reach a monetary settlement or submit to our toll fee.

From what I understand with your case, the owner sold a portion of the lot as access right? If she did then, the buyers should have access to that road but exlcusive only to the buyers and not anybody else since it is still considered a private road lot in favor of the buyers. I strongly suggest you file a case so that everything will be settled and you don't have to pay the lot owner regularly or you will be provided with a separate access road depending on the decision of the court.

OT:
It is also unfair to call landowners who "blocks" other lots hangol because first of all, they did not acquire their lots for free. For all you know blood, tears and sweat were shed when acquiring their land. Secondly, not all people "are worth" given a right of way for a lot of logical and security reasons. So it is best for a case to be filed so that the courts (if they can) could give a permanent solution to the gridlock and eventually there will be justice and peace.

[captpoloy]

I think it would be better if you could ask for a legal opinion.

[garyg]

[

OT:
It is also unfair to call landowners who "blocks" other lots hangol because first of all, they did not acquire their lots for free. For all you know blood, tears and sweat were shed when acquiring their land. Secondly, not all people "are worth" given a right of way for a lot of logical and security reasons. So it is best for a case to be filed so that the courts (if they can) could give a permanent solution to the gridlock and eventually there will be justice and peace.

We have no problem settling the road right for an amount but it should be 50/50. Because if the owner wants us to buy the whole road area ourselves then we will now be the one to ask for a toll fee to anybody who will pass including the previous owner. Sounds unfair right? As commented by ILOVEYOUFOREVER, that's why a title is read "more or less" because a portion can be given to people blocked by that property. I also am confused by your intention of closing your road, is it for the reason that nobody is contributing for its maintenance or is it because you don't want people other than from your subdivision to pass thru that road? Are you are just being paranoid and brands everybody except youself as "not worth"? Are you are the type of person that should be branded dangerous to security instead? For all I know, you try to draw a line between the rich and poor.

[LytSlpr]

[We have no problem settling the road right for an amount but it should be 50/50. Because if the owner wants us to buy the whole road area ourselves then we will now be the one to ask for a toll fee to anybody who will pass including the previous owner. Sounds unfair right? As commented by ILOVEYOUFOREVER, that's why a title is read "more or less" because a portion can be given to people blocked by that property. I also am confused by your intention of closing your road, is it for the reason that nobody is contributing for its maintenance or is it because you don't want people other than from your subdivision to pass thru that road? Are you are just being paranoid and brands everybody except youself as "not worth"? Are you are the type of person that should be branded dangerous to security instead? For all I know, you try to draw a line between the rich and poor.

I am not sure about the stipulations regarding buying a road right and actually buying the land, I have to consult our lawyer for that. But I have seen scenarios in Manila that there are 3 or 4 subdivisions inside a subdivision and all of them collected their respective toll fees and dues because they actually bought the lot. So basically if you are living in the most interior subdivision, most likely you will have 4 gate pass stickers on your windshield.

We don't want them to pass ANYMORE because the developers are enriching themselves at OUR expense. Is that fair? Now one subdivision said that they already have an alternative route but it is a longer route. After 10 or so years? and that was not the access road that they presented to their buyers when they marketed their subdivision. IMO, they will have a problem with the buyers with this. Moreover, these developers did not even consult us or just even talked to us prior to developing their properties. And AFAIK, even if they will buy the lot for access but the developer won't allow it to be used as such, then they can't do anything because in subdivisions there are guidelines prior to the actual sale of a lot. That is why HLURB technically calls it an "exclusive subdivision. You can't just buy a lot in a subdivision and make it an access road because there are stipulations even if you bought the title to that lot, it is subject to such conditions.

And clearly, your perspective on this statement is very wrong. With special emphasis to the word GIVEN.

As commented by ILOVEYOUFOREVER, that's why a title is read "more or less" because a portion can be given to people blocked by that property.

What I mean by "not worth" is that the squatters in the subdivision that we are living in has been known for causing trouble in our subdivision, mag "hari-hari" and some mag "hurimentado" for no reason, not paying dues or toll fee and stealing plus they have an alternative route which is on the other side. A longer route but they do have an access. But NO, they want to pass through the subdivision and enjoy it as if they are living IN IT. It's just sad that the Mayor of Mandaue has NO BALLS.

...AND PLEASE DO NOT PUT WORDS TO MY MOUTH. I am not "mata pobre". and don't get personal because this is an intelligent and objective discussion and I hope it stays that way. You may not be agreeable with my statements or they sound too high fallutin for you but if you care to READ BACK carefully, I was NEVER PERSONAL to anyone here.

AND LASTLY, nobody can force a landowner to provide a road right or access road unless the concerned entities or the government whichever case may be; PAYS the landowner and not merely GIVEN, PERIOD. They will pay a toll fee or they will pay lump sum for the right or actual lot and if they still are not ammendable to that, let them file their complaint in court. The keyword here is PAY because NOTHING is for free in the "real world", not even your right. It is as simple and as realistic as that.

[LytSlpr]

Salamat sa tampo.
Kung daghan mi nga lumolopyo, kinahanglan ba gyod nga makabayad mi sa iyang yuta nga among agi-anan? Unsa may government protection among ma avail nga dili mi ka bayad sa iyang yuta nga among agi-an.? Gipa bayad man gani mi ug P250 per month para lang kono pa-agi-on mi sa iyang yuta.

please update us regarding your case because i am very curious myself. all I know is that he is obliged under law to give you access or right of way but you must pay him one time for the right of way or the government will pay him in favor of public good/interest but unfortunately the government is quite slow regarding this matters unless it is for road widening or they have explicit interest. if the landowner insists that you pay him monthly but you want to pay in lump sum and he will not agree, i think that is also not justifiable because he is making you a milking cow.

the best way gyud is to file a case in court for a permanent resolve to your predicament.

thanks and good luck!

[anakin]

My lola has a different case. Sya ang nabawi-an ug yuta.
Her parcel of land maoy naandan nga agi-anan for some residents iyang gi-alihan,
she had it blocked for a while to send a message to the residents
affected that they were using a private property lot. Also, the road block
was implemented just to inform the city government of the issue and to
resolve it legally. The City said that my Lola has to allow those residents
to use the area and the government promised to pay my Lola, bali paliton
sa government ang yuta para naay agi-anan ang mga tawo.

She requested na didto sa tumoy sa iya property ibutang ang right of way para
di matunga iyang yuta. Agreed.

Two decades after wa pa gyapon sya gibayran and now the City declared it as "Imminent Domain"
and what was just passage way now becomes a two-way road. She didn't contest the"Imminent
Domain" but ang payment na lang plus ang pag-iswag lang gamay sa road. To no avail.

Now, because of that na wa gi-sibog ang dalan maski gamay lang, ang iya other portion sa property
kay wa nay gamit kay it is just now a narrow strip beside the road murag 3m x 70m. Kalot na lang
sa ulo ang mga heirs.

[LytSlpr]

My lola has a different case. Sya ang nabawi-an ug yuta.
Her parcel of land maoy naandan nga agi-anan for some residents iyang gi-alihan,
she had it blocked for a while to send a message to the residents
affected that they were using a private property lot. Also, the road block
was implemented just to inform the city government of the issue and to
resolve it legally. The City said that my Lola has to allow those residents
to use the area and the government promised to pay my Lola, bali paliton
sa government ang yuta para naay agi-anan ang mga tawo.

She requested na didto sa tumoy sa iya property ibutang ang right of way para
di matunga iyang yuta. Agreed.

Two decades after wa pa gyapon sya gibayran and now the City declared it as "Imminent Domain"
and what was just passage way now becomes a two-way road. She didn't contest the"Imminent
Domain" but ang payment na lang plus ang pag-iswag lang gamay sa road. To no avail.

Now, because of that na wa gi-sibog ang dalan maski gamay lang, ang iya other portion sa property
kay wa nay gamit kay it is just now a narrow strip beside the road murag 3m x 70m. Kalot na lang
sa ulo ang mga heirs.

I suggest you let your lola get a good lawyer and sue the government's A$$.

Mas grabe ang nahitabo sa amoa. We used to have a lot in the OLD LAHUG airport NOW, AsiaTown I.T. Park. Now it was expropriated by the government. That means you can't do anything but agree to let the government buy your lot and pay you at THEIR price for public use but there was a condition and some were even annotated on the titles that in the event the government will no longer use it as an airport or for public use, then the owner will get the back his lot and pay the government with the original price the land was bought.

But what did the government do? They sold it to Ayala now IT Park and the Gatchalians, now Waterfront (formerly owned by foreigners). Nag negosyo na di'at ug yuta ang gobyerno? Since when? So most owners of the OLD LAHUG Airport lots filed tons of cases to the government if I'm not mistaken the Province but majority lost. The people who recovered their lots are those owners with lots not occupied by IT Park and Waterfront. And ang nangusog gyud ug baligya aning mga yutaa ug ang ni protekta sa mga buyers all the way to the Supreme Court was Pabling Garcia.

Technically, what the government did is land grabbing pero di lang klaro kay gi expropriate man 20 years ago unya wa nila gi-uli sa rightful owners. Mao na'y justice? Unya ang nangusog si Pabling pa gyud nga batikang congressman ug bangi-itang abugado in short veteran hustler. Mao na wa na ko'y respetar sa atong justice system kay mapalit gyud.

We filed a case and spent a fortune on lawyers. We won in RTC & CA but we lost in SC with a shabby decision.Mas luoy ang yban, RTC pa lang TKO na. Well that's life...

[LytSlpr]

any update on this thread?