Guy F. Posted September 30, 2020 Posted September 30, 2020 We have a right of way from the barangay road to our gate. It's legal and on paper. People have been using it to get to their property which is slightly further from the barangay road than our land. Their route includes land adjacent to ours (just outside our perimeter wall) which is not part of the formal right of way. Recently dump trucks have been using the right of way and the illegal path to get to the property which is further from the barangay road. They have been damaging the right of way. Can I prevent trucks from using the right way? Is it "ours" or is it public? 1 Link to comment Share on other sites More sharing options...
graham59 Posted September 30, 2020 Posted September 30, 2020 Generally (regardless of 'laws') in the Phils, he who pays the piper calls the tune. You...or rather your Filipina partner, need to speak to the Barangay Captain first of all, I reckon. 4 Link to comment Share on other sites More sharing options...
Forum Support Old55 Posted September 30, 2020 Forum Support Posted September 30, 2020 (edited) Guy, we don't know the exact details or dynamics of your specific area so it's not so easy to comment. Limiting access to locals even if you are in the right is unlikely to be a good choice for you in the long run. On the other hand Barangay officials maybe could work with the construction project to limit or mitigate damage caused by those trucks. Graham makes the point. Those construction companies most likely have much more influence than a random foreigner living in the area. Edited September 30, 2020 by Old55 5 Link to comment Share on other sites More sharing options...
Dave Hounddriver Posted September 30, 2020 Posted September 30, 2020 3 hours ago, Guy F. said: Can I prevent trucks from using the right way? Is it "ours" or is it public? Looking at Graham 59's response I believe he is half right. Calling the barangay captain will get your complaint started. See where it goes from there. The part about the one with the cash calling the tune is not always true. Using cash may get you the right of way but eventually the public will be allowed to use it unless you pay for a security guard on the entrance. Such was my experience in Liloan, Cebu Metro area. 5 Link to comment Share on other sites More sharing options...
Joey G Posted September 30, 2020 Posted September 30, 2020 Usually if you have a "right of way", that means you get to traverse someone else's property for your benefit. Meaning you have the "right of way" to traverse it. Unless you are saying you have property and people have the right of way to go on your property to traverse (??). Then they would have the right of way in their deed to traverse your property. There is also other types, such as a utility right of way the allows utility companies to use areas of peoples property. You said... "Their route includes land adjacent to ours (just outside our perimeter wall) which is not part of the formal right of way."... on that section... its not your property, it's someone elses.. so it's up to them to say something if they don't like it. I've been down this path before... 1 Link to comment Share on other sites More sharing options...
Guy F. Posted September 30, 2020 Author Posted September 30, 2020 Going to the barangay captain would probably be the best course of action. The situation is complicated by us not being there now. Our caretaker is there. Maybe we could arrange a FaceTime conference with the barangay captain. Link to comment Share on other sites More sharing options...
RBM Posted September 30, 2020 Posted September 30, 2020 3 hours ago, Guy F. said: Going to the barangay captain would probably be the best course of action. The situation is complicated by us not being there now. Our caretaker is there. Maybe we could arrange a FaceTime conference with the barangay captain. Good luck with that, worth a go though. My thoughts would be wait until your back before doing anything substantial. Link to comment Share on other sites More sharing options...
graham59 Posted October 1, 2020 Posted October 1, 2020 7 hours ago, Dave Hounddriver said: Looking at Graham 59's response I believe he is half right. Calling the barangay captain will get your complaint started. See where it goes from there. The part about the one with the cash calling the tune is not always true. Using cash may get you the right of way but eventually the public will be allowed to use it unless you pay for a security guard on the entrance. Such was my experience in Liloan, Cebu Metro area. I am NOT suggesting that the OP should PAY anyone. OTHERS may be doing so, of course. Neither am I suggesting that HE should contact the Barangay Captain. (As a foreigner, one is best advised to stay out of local affairs...in which we have no rights anyway). Please read my post properly. Link to comment Share on other sites More sharing options...
Forum Support Old55 Posted October 1, 2020 Forum Support Posted October 1, 2020 8 minutes ago, graham59 said: I am NOT suggesting that the OP should PAY anyone. OTHERS may be doing so, of course. Neither am I suggesting that HE should contact the Barangay Captain. (As a foreigner, one is best advised to stay out of local affairs...in which we have no rights anyway). Please read my post properly. You were clearly not suggesting bribing anyone Graham. 1 Link to comment Share on other sites More sharing options...
Dave Hounddriver Posted October 1, 2020 Posted October 1, 2020 2 hours ago, graham59 said: Please read my post properly. Ditto. Dang some people get their back up for no reason. 1 Link to comment Share on other sites More sharing options...
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