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Academics => Legal Department => Topic started by: redrabbit on March 12, 2015, 01:03:56 PM
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Here is the case abstract. Can someone please provide answers to my my questions.
Subject: Land parcel, agricultural (coconut), with a total land area of 2.3 Hectares
Owner: “Juan”. Was a resident of Los Angeles California; no children; deceased
“Juan” owns a parcel of land. However, he is a US Citizen, thus the title of the land was named to his five (5) siblings, whom are all decease today. Sometime in 1987 when he visited the Philippines, he gave verbal authority & rights to “Pedro” to farm & manage his land and left the Title of the Land to Pedro’s father whom one of Juan’s sibling. “Pedro” built a house on a part of the subject land and planted coconut trees on the rest and has been farming it until now. When, Pedro’s father passed away, the Land Tile was given to Pedro.
The area is now being develop and a highway is under construction adjacent to the subject land. Heirs of the siblings of “Juan” became interested in the land and are planning to develop it into residential and commercial area and want to divide the said land amongst them.
What is the rightful claim of “Pedro” granting that he is the one who took care of the said land?
Is it lawfully to claim 50% of the land area?
If not, can he claim 1/6 of the land? (One (1) part for each sibling and a part for him)
He was advised by the heir/s that he will be getting 1300 sq meter as compensation for the coconut trees that will eventually be cut down. Is that enough for his troubles in taking care of the land?
Is it worth it to take this case to the court if he thinks that the 1300 sq meter as compensation is not enough?
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Kung U.S citizen si Juan eh hindi siya pwedeng magmay-ari ng lupa except thru succession.
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Here is the case abstract. Can someone please provide answers to my my questions.
Subject: Land parcel, agricultural (coconut), with a total land area of 2.3 Hectares
Owner: “Juan”. Was a resident of Los Angeles California; no children; deceased
“Juan” owns a parcel of land. However, he is a US Citizen, thus the title of the land was named to his five (5) siblings, whom are all decease today. Sometime in 1987 when he visited the Philippines, he gave verbal authority & rights to “Pedro” to farm & manage his land and left the Title of the Land to Pedro’s father whom one of Juan’s sibling. “Pedro” built a house on a part of the subject land and planted coconut trees on the rest and has been farming it until now. When, Pedro’s father passed away, the Land Tile was given to Pedro.
The area is now being develop and a highway is under construction adjacent to the subject land. Heirs of the siblings of “Juan” became interested in the land and are planning to develop it into residential and commercial area and want to divide the said land amongst them.
What is the rightful claim of “Pedro” granting that he is the one who took care of the said land?
Is it lawfully to claim 50% of the land area?
If not, can he claim 1/6 of the land? (One (1) part for each sibling and a part for him)
He was advised by the heir/s that he will be getting 1300 sq meter as compensation for the coconut trees that will eventually be cut down. Is that enough for his troubles in taking care of the land?
Is it worth it to take this case to the court if he thinks that the 1300 sq meter as compensation is not enough?
As charliehouse said, Juan, being a US Citizen, cannot own the land except through succession. That's why the title to the land was placed in the name of Juan's siblings. Right?
Assuming that all five (5) siblings are Filipino Citizens and are now deceased, the land would belong to the heirs of the five siblings. Pedro's share then, would depend on Pedro's father's share in the land. Of course, you have to apply the rules on succession in order to determine the actual size that pedro would actually get.
So.. 50% of the land area? No.
1/6 of the land area? Maybe. Depending on how many heirs Pedro's father might have when he died.
1300 sq meters? - well.. is it acceptable to him? and is it a part of his inheritance from his father or a totally separate one?
Is it worth it to take this case to court? That depends, just what does he want to get?