Irritating land disputes

Ben Contreras .

LAND disputes can be very irritating.

More than three decades ago, while fencing the perimeter where I once lived, the adjacent land owner complained of the supposed encroachment into their property. You might think that it involved several square meters. No, it was all about the one inch protrusion of the fence posts. What I did was, shave off the protrusion. No big deal, really.

Many years later, the daughter complained of encroachment, involving more than one square meter that was shaped like a knife. She wanted us to tear down the portion of the building/warehouse. She complained to the barangay, and wanted to claim a portion of the alley.

We set back 1.5 meters during te fencing to make the alley wider and passable for light vehicles. No problem with the sizeable area lost. And here’s one lady who wanted to recover their supposed lost area.

When they were constructing their building, they had no water connection and had to use ours. Did I ever collect from them for the water consumed? Nope! Neighbors are supposed to be like that. They are supposed to be helping each other.

I am glad that she seems to have abandoned her claim.

Lately, a relative sought my help over a land dispute involving a rich and influential family. I asked about the size of the area encroached on by the family. If it involved a few, like 10 square meters, more or less. Alas, the encroachment is almost half of the lot.

My advice was for her to bring the issue to the office of the barangay chair. We did and the advice was for her to have the land surveyed with the presence of the other party or their representative.

Of course, I know the family but I will reserve my comment until such time the survey is over.

Another case is one that was sold by a son-in-law without the knowledge of the mother-in-law. The heirs filed a case that took them more than 30 years to win. Winning didn’t get rid of the problem. The heirs are divided on what to do — sell or divide?

Many properties in the city are breeding grounds for possible disputes. All of the sudden, claimants sprout, backed by documents and yes, lawyers.

Fifty years ago, lands were claimed by those who had money, power and influence. Some were with the government and used their position to claim public lands. Some were able to get the lands under questionable circumstances. But “what were we in power for”?

No wonder, some buyers are very careful and meticulous especially when it involves millions of pesos.

Our old area was rumored to have been claimed by one family. But they have to contend with today’s owners who are also capable of a long and expensive legal battle.

The registration or titling of land can also be a tricky business. There are nasty stories involving certain people in the office. Where there is smoke, there is fire, so they say.

With the signing of the Anti-Red Tape Law, as amended, the transaction with government offices will have a limit as promised by our President. Perhaps, it is time for us to correct certain records and expect due response from our government people.

Land dispute is just one of them. Good luck everyone.

Happy Independence Day!