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  1. Join Date
    Nov 2010
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    25,257
    #11
    Quote Originally Posted by oj88 View Post
    Are there any legal and/or moral implications in hiring an able-bodied homeless person to temporarily live and guard an unoccupied plot of land that I own? This is to stop squatters (I notice the irony) and people from dumping garbage inside the lot. I originally thought of putting up some fencing or barbed wire, but I have my own reasons against the idea of putting up any sort of barrier and I'd rather not talk about it.

    Given that there's no water or electricity yet on the property, the only amenity I can provide is to build a small shack.. around 6 sq-meters or whereabouts, a folding bed, stool, a small table, etc. How much would you think is fair to give him on a weekly basis?
    Just make sure you make a written contract of your agreement. Since nasa pangalan mo naman yung lad (I assume ha), there is no way he will be able to get the land from you later unless he renounce your agreement and you do nothing for 30 years after his renouncement. Laches naman ang madadali ka. Iba pa yan sa prescription. Laches is the failure or neglect, for an unreasonable and unexplained length of time, to do that which by exercising due diligence could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. So aside sa written contract niyo, ipaalam mo din sa barangay na caretaker lang si manong para sure na may ebidensiya ka din aside sa written contract. Lalabas niyan meron kayo contract of usufruct. Usufruct is a real right by virtue of which a person is given the right to enjoy the property of another with the obligation of preserving its form and substance.

    re sa kung makukuha title sa'yo after sometime, there are two ways of acquiring land thru prescription - or as they say, sleeping on your right.

    Ordinary Acquisitive Prescription which requires possession of things in good faith and with just title for the time fixed by law which is 10 years. Extraordinary Acquisitive Prescription which is the acquisition of ownership and other real rights without the need of title or of good faith or any other condition and would prescribe in 30 years.

    At tama si madball, the possession by mere tolerance cannot ripen into ownership. So imho okay yang gagawin mo, at least nakatulong ka basta make sure lang na ipaintindi mo sa tao na hindi mo binibigay sa kanya yung lupa.
    Last edited by Ry_Tower; July 10th, 2019 at 06:45 PM.

  2. Join Date
    Oct 2002
    Posts
    40,544
    #12
    Quote Originally Posted by Ry_Tower View Post
    Just make sure you make a written contract of your agreement. Since nasa pangalan mo naman yung lad (I assume ha), there is no way he will be able to get the land from you later unless he renounce your agreement and you do nothing for 30 years after his renouncement. Laches naman ang madadali ka. Iba pa yan sa prescription. Laches is the failure or neglect, for an unreasonable and unexplained length of time, to do that which by exercising due diligence could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. So aside sa written contract niyo, ipaalam mo din sa barangay na caretaker lang si manong para sure na may ebidensiya ka din aside sa written contract. Lalabas niyan meron kayo contract of usufruct. Usufruct is a real right by virtue of which a person is given the right to enjoy the property of another with the obligation of preserving its form and substance.

    re sa kung makukuha title sa'yo after sometime, there are two ways of acquiring land thru prescription - or as they say, sleeping on your right.

    Ordinary Acquisitive Prescription which requires possession of things in good faith and with just title for the time fixed by law which is 10 years. Extraordinary Acquisitive Prescription which is the acquisition of ownership and other real rights without the need of title or of good faith or any other condition and would prescribe in 30 years.

    At tama si madball, the possession by mere tolerance cannot ripen into ownership. So imho okay yang gagawin mo, at least nakatulong ka basta make sure lang na ipaintindi mo sa tao na hindi mo binibigay sa kanya yung lupa.
    Kung ganyan nakakahilo, hinde ba bale [emoji39]


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  3. Join Date
    Nov 2010
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    25,257
    #13
    Quote Originally Posted by shadow View Post
    Kung ganyan nakakahilo, hinde ba bale [emoji39]


    Sent from my iPhone using Tapatalk
    Mas okay naman yung written contract of usufruct kesa naman tuluyang mawala sa iyo kasi may mga squatter na pwede pumasok. As long as may written contract safe na yung titled owner. Hehe

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  4. Join Date
    Oct 2002
    Posts
    40,544
    #14
    Quote Originally Posted by Ry_Tower View Post
    Mas okay naman yung written contract of usufruct kesa naman tuluyang mawala sa iyo kasi may mga squatter na pwede pumasok. As long as may written contract safe na yung titled owner. Hehe

    Sent from my Samsung using Tapatalk
    Mag hire na lang ng security guard then bakuran.


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  5. Join Date
    Nov 2010
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    25,257
    #15
    Gastos eh. Libre yung usufruct. ;)

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    Fasten your seatbelt! Or else... Driven To Thrill!

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