Need advice PLS...... :)

**Innova_Boy** · August 25th, 2008 06:38 PM

I need advice maybe some lawyers can help me here...

We are co-owner of a property wherein bodega space is rented out, now my problem is the other co owner who lives inside the same compound/ bodega does not allow us ingress to the property although we have another door / passageway to go in / out our bodega space along a side door. but once a month we need to unload contents from a 40 footer container van inside the compound as it would block traffic along the road if it will park beside the side door we have...

My question is if he (other co-owner) still refuse us to go in the compund to unload the container van. Can we just park outside of the compound gate to unload our cargoes, while his ingress/egress to the compund is block and must wait til we finish the unloading?

DO we have a valid grounds to do this or this not a good idea?

Thanks for replies...

WBR,

**s_quilicot** · August 25th, 2008 07:39 PM

calling sir ThePatriarch

**s_quilicot** · August 25th, 2008 07:43 PM

calling sir ThePatriarch

of TSCP

**Innova_Boy** · August 26th, 2008 05:46 PM

dapat ata sa goon squad ko ito nilagay....

WBR,

**Innova_Boy** · August 26th, 2008 05:47 PM

dapat ata sa goon squad ko ito nilagay....

WBR,

**Altis6453** · August 27th, 2008 10:34 AM

Hi IB. Can you give some more details? Are you the co-owner of the lot or the bodega (structure)? Supposing it is the latter, is there any document or agreement which evidences your co-ownership? Also, did he ever tell you or explain why he's not allowing access to the bodega?

**shadow** · August 27th, 2008 10:46 AM

paano kayo naging co-owners? equally divided ba? maybe right side is yours and the left is his? tingin ko pag sa side niya ikaw talaga mag baba ng stocks eh meron siyang karapatan tumanggi..

let us just wait for the lawyers..ayan na pala si altis6453..

**ghosthunter** · August 27th, 2008 11:24 AM

Obviously there is more to the background of this "problem". Unless that is explained, it would be difficult to find a satisfactory solution.

**Innova_Boy** · August 27th, 2008 06:29 PM

*altis,

yes we have the TCT which shows there how much one own's how much of the whole property, that's why its called Co-owners base on the % appurtenent to each co-owners.

we agree among ourselves (verbally) that I'll have left side while he and the others occupy or hold rights to the other bodega space on the compound, Now the middle of it is a right of way (alley road) for all to use.

Now on my bodega space on the left has a side door fronting the street w'c can accomodate an isuzu elf only ( not a conatainer) so we use this as ingress/egress of our bodega so will not pass anymore the other MAIN gate of the compund whcih can accomodate container vans.

Now for his selfish reason, he will not allow us to unload on the alley road of the main gate anymore, his reason was his asking for additional compensation for us using the alley road which is suppose to be co owned by us also.

so do i have a right to block it for a while(unloading only of the container) since he would not allow me anymore to enter the compund?

**Innova_Boy** · August 27th, 2008 06:29 PM

*altis,

yes we have the TCT which shows there how much one own's how much of the whole property, that's why its called Co-owners base on the % appurtenent to each co-owners.

we agree among ourselves (verbally) that I'll have left side while he and the others occupy or hold rights to the other bodega space on the compound, Now the middle of it is a right of way (alley road) for all to use.

Now on my bodega space on the left has a side door fronting the street w'c can accomodate an isuzu elf only ( not a conatainer) so we use this as ingress/egress of our bodega so will not pass anymore the other MAIN gate of the compund whcih can accomodate container vans.

Now for his selfish reason, he will not allow us to unload on the alley road of the main gate anymore, his reason was his asking for additional compensation for us using the alley road which is suppose to be co owned by us also.

so do i have a right to block it for a while(unloading only of the container) since he would not allow me anymore to enter the compund?

**Altis6453** · August 28th, 2008 09:05 AM

Well, based on what you told me, he can't prevent you from using the alley road which has access to your side of the property. Unless he can present a document or agreement between yourselves as co-owners of the property that he has the sole and exclusive use of such alley road. Further, I don't think there's any basis for his demand or claim of additional compensation.

You can consult with a lawyer who will write this person a letter to desist from any act preventing you from using the alley road. HTH!

**wildthing** · August 28th, 2008 09:31 AM

sir, hindi pa lawyer ang kailangan dyan... BARANGAY lang or plain pakikisama lang ang kulang.

talking to them with a barangay captain of the vicinity would probably do you good.

**Innova_Boy** · August 28th, 2008 05:33 PM

*wildthing,

the thing is i have found out a sinister plot by him to fully control all of the bodega space in there thats why he is making it hard for me one way or the other...

Visiting the barangay captain is out of the story as he has befriended him already...

SO I'm thinking of some sort of strong move rather than take his bait... if u know what i mean...

like an eye for an eye or tooth for a tooth....

**Innova_Boy** · August 28th, 2008 05:34 PM

*wildthing,

the thing is i have found out a sinister plot by him to fully control all of the bodega space in there thats why he is making it hard for me one way or the other...

Visiting the barangay captain is out of the story as he has befriended him already...

SO I'm thinking of some sort of strong move rather than take his bait... if u know what i mean...

like an eye for an eye or tooth for a tooth....

another unintentional double post.....

**Innova_Boy** · August 28th, 2008 05:43 PM

so what do you think he will do if i block temporarily the main gate? parking the container van wherein the door of the conatiner is beside the side door of ours., In this parking condition it will surely block the main gate...

**B2Bomber** · August 29th, 2008 01:28 AM

well, he might fume. and it'll just aggravate the situation. uhm, specially if that gate you plan to block for x amount of time is very busy. 'coz I think if he's like gonna use it very often for the span of time your rig's parked there, he'll definitely get irked.
have you tried asking him if you could at the least just park the truck there for the duration of your offloading ops?

**Altis6453** · August 29th, 2008 10:42 AM

Just out of curiosity, are you related to the other party? Going to barangay for them to mediate is good but, they are hardly in any position to compel one or the other party to comply.

**Innova_Boy** · August 29th, 2008 03:50 PM

*B2bomber

Yes, and last time (w/c was last week) he inform us that's going to be last time they allow me to unload, next time no more unless i complied to his demands among others.

*altis

Yes, were related to the second degree.

**Innova_Boy** · August 29th, 2008 03:50 PM

*B2bomber

Yes, and last time (w/c was last week) he inform us that's going to be last time they allow me to unload, next time no more unless i complied to his demands among others.

*altis

Yes, were related to the second degree.

**Altis6453** · August 29th, 2008 06:42 PM

No way a barangay can solve your problem. I suggest you go to a lawyer right away so that he can write a letter to your co-owner and advise him that any act on his part which prevents you from using the access road (for common use) is illegal and actionable.

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Need advice PLS...... :)

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