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What If I Own A Lot In The Philippines And My Neighbour Builds A Part Of Their House On My Land

Anything I can do to stop neighbor from building next to my house?

We have lived in our house for 5 years. When we moved in, a nice old man lived next door and had been there for 60 years. Well I think the old man passed away, and his son auctioned the house last week. Between our house and the old man's house there is an empty lot that the old man owns. (We know this because he told us, and we have seen the property records online.)

It appears the new owners are thinking of building a house in the vacant lot. They had the lot measured today and there are now pink flags marking the property lines. If a house is built there, it will be within spitting distance of my porch. Instead of a nice open space between our houses the new house would cause a claustrophobic "bunched up" look.

I think it would be legal, but it would definitely ruin the look and feel of my property and our part of the block. My children have grown up playing in that grassy lot, there is a large Walnut tree they like to run around. I think the value of my property would decrease, especially depending on what the new house looks like.

So what can I do to prevent them from building there? What legal measures can I take if any? I need to know even if it's just a delaying tactic. Who should I talk to? The city council? A lawyer?

Thanks!

My neighbor is building a deck close to my property line. Is there a minimium?

In most US (you did not say where you are) cities the set back requirement is five (5) feet from the property line.

If your neighbor has a permit for the deck, he would have had to have submitted plans. If he did that, he may have used your FENCE as the boundary and not the actual boundary line.

Here are my suggestions

1) Call your City or COunty or whatever agency and determine what the minimum set back is.
2) Find out if he/she has a permit for the deck (or needs one) and if so go down and look at the plans on file
3) If the minimum setback is not matching with the construction contact the City inspector, both by phone AND by written letter. Be prepared to give some evidence as to why you think your fence is not the boundary line if the neighbor claims it as such.
4) Notify your neighbor also if you wish but, as you point out, this may start a battle. But better to assert your right to a peaceful home now then to wait until after they get settled into a pattern.

A final note.. putting up a fence inside your property is a nice idea but it can cloud the title to the land OUTSIDE of that fence if the neighbor starts to use it. Over a period of time the neighbor will acquire a prescriptive right to continue to use that land which you can not take back. This cloud can actually affect the sale value of both of your properties (would you buy land that someone else gets to use with or without your permission?). THat may be a bit of what is happening now. You should look into this to see if it is something that you want to address.

Our house was built on our neighbors property what do we do?

I think you are looking at this from the wrong viewpoint. THey should be coming to you to solve the problem not the other way around.

Your house did not just get built there, overnight. Since you are not talking about a new house it must have occupied that land for several years at least. Your neighbors were aware it was there and also that other people lived in it. They made no claim on it nor did they assert any rights to the land.

Did your seller know about the encroachment? If so, you have a case against the seller for disclosure, but if not, then that fuels the fire that all the parties felt the house was on the proper side of the line.

BUT.. now the problem has been discovered.. who is impacted?
Not you .. you have the right to continue to live there and ejoy the house.. it is called a prescriptive right (unwritten - acquired by time) and they have not tried to order you off have they?

So, in effect, you are living on land that someone else pays the taxes (all or in part), shares the liablity of exposure (what if you fall off of the roof on THEIR side?) and in theory you could even make them responsible for a portion of the upkeep.

Add to this the fact that this issue must now be disclosed if EITHER of you want to sell your property (or the heirs of your property wish to sell it) and then ask yourself

Exactly who should be motiviated more to resolve this.??

(PErsonally, I would find out who signed the building permit for your house's construciton and turn a lawyer loose on him/her bankrupt or not). ALso check the building permit plans to see if the house was sited properly on the design portion of the plans vs. the original topographic survey that must have been done... somewhere out there somebody is hoping you don't).

Is building your own house cheaper than to buy one?

One of my friends charges $400 a square foot labor and materials to build high-end houses. I as a value Builder can build the same quality house for about $120 a square foot labor and materials. So it depends on who you hire whether or not it’s cheaper to build your own house or buy one.Some builders pay material markups were others don’t and negotiate fixed prices for labor. By taking away the risk of materials you can negotiate weekly rate with a lot of skilled tradesmen for labor only. Some builders pay electricians $100 an hour to drill holes while others pay carpenter which are $25 an hour to drill the same holes. Same goes with the plumber.Some builders use coupons to purchase materials. In general terms Home Depot will honor a Lowes coupon for example.Generally it is cheaper to build your own house compared to buying a house. When you buy house the builder is going to want his profit and taxes.I just heard of an instance where a former jail that cost the government over $250 a square foot to build in the 80’s is being sold for $20 a square foot. So if you buy that and spend a few hundred thousand dollars remodeling it You would have a monster house for half the price.Yhe point is that if you do things unconventionally and think outside the box you can build for far less

How much land required to build a house?

The size of land required to build a house in India will depend upon the following-Location of land, i.e. within Municipal Corporation or Municipal Council area or out side these limits.Width and type of road to which this land is abutting.Prevailing Development Control Rules or Town Planning Rules in that locality.Zone in which this land is located as per Development Plan or Regional PlanFront margin, Side margins and back margins of proposed house required to be kept open as per prevailing Development Control Rules.F.S.I. permissible on this land as per Development Control Rules.Total built-up area proposed for the house and height of the house building desired.

Should I buy more real estate in the Philippines?

The answer depends on if you are a foreigner, or are Filipino. I am guessing that you are a foreigner, since you stated US$ in the question.Foreigners cannot legally own land.So, that leaves long-term lease, condo, or marry a Filipino and put the title in their name. Most of the foreigner managed / “owned” resorts use leases or are actually owned by Filipino corporations, regardless of the name or brand.I have heard of most of the schemes. Start corporations. Get dummy investors. All are illegal. All are extremely risky, no matter what some real estate guru, lawyer, or expat tells you.YOU CANNOT OWN LAND IF YOU ARE A FOREIGNER. PERIOD. THAT IS THE LAW.It is written in the Constitution. Not debatable.If you are Filipino, you could make a profit, possibly. I personally think that real estate investment in the country is extremely risky for one reason: Murky title history.Land titles in the Philippines are, and I am saying this with no disrespect intended, AN ABSOLUTE FUCKING NIGHTMARE. There is no such thing as title insurance here. The inheritance laws are extremely complex and antiquated, with clear title missing from just about anything you may buy. The courts are completely overwhelmed by land disputes, and it can take years to resolve any problems that may come up from nowhere. The ONLY safe solution is to buy from one of the large domestic corporations, such as Ayala or SMDC, who have dozens of attorneys working nonstop to obtain clear titles for their developments.Aside from that, there are problems associated with squatting (it took 5 years for my wife to legally remove a squatter from her land), building construction, and permits. The house across the street from me was in foreclosure. It took 8 years for the bank, with lots of resources, to evict the people.Finally, I also believe something that my finance professor told me about stock investment bears keeping in mind:” If your neighbor tells you about a stock, you are already too late.” Articles you read online that hype real estate are much the same. If you read it in a public forum, you have missed the boat.

How many houses can you build on 7 acres?

That depends on the location such as the county, town, or rural areas. You would need to contact your local government to determine how many houses you can put on 7 acres that are 3,000 sq ft.

Can you combine two residential lots and build a house in the middle?

Something I’ve noticed in my older neighborhood is that in two locations the original owner bought two lots side-by-side but they were careful to build the house on only one of them. The other lot becomes an extended back yard or side yard for gardens, a workshop, or perhaps a pool.Later when the kids are grown and moved away, the second lot can be sold as a retirement bonus and you still get to keep your own home. Or maybe the kids can build their own house next door!Conversely, there is another home in the area which is on a double lot but the house straddles the lot line. The owners have tried several times to sell, but the land value far exceeds the value of the home and most people don’t want (or can’t afford) two lots with an awkward house in the middle. In this case, it seems like the house will have to be demolished before the owner can sell. That’s just one thing to keep in mind.Ask your realtor if what you are planning is common in your area. That will also help you decide how easy your home will be to sell in the future.

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