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TOPIC: Adverse Possession

Adverse Possession 1 year 2 months ago #17899

  • George
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My Filipino wife bought a property in 1982, and built a house on said land. She did not get an independent surveyor to verify mohon markers laid out by a supposedly registered surveyor, but accepted the positions of the markers in good faith. She then built on the indicated boundary.

About 10 years ago we learned that the markers, as laid out, are not correct. Her land is really more than three meters from where the markers indicated. She has now fenced in the new area but still occupies neighboring land. There are numerous heirs of the original owner, and none have made a claim to recover their land, which my wife has built on.

She has now held the encroached portion of land for 35 years, but five years ago she signed a Deed of Donation of the entire property to our mastizo son, who is a dual citizenship holder.

Can my wife, or our son, file for Adverse Possession of the portion of land affected, and have the Title updated to reflect the real area being held?

No foreign money went into the purchase of the property as she bought the land many years before she met her foreign husband.

Last Edit: 1 year 2 months ago by George.
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Adverse Possession 1 year 2 months ago #17901

  • Atty. Libayan
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This case is complicated. If the affected portion is under a title, that is impossible. If it is not however, you can file a petition in court to correct entries in the title if you have one.
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