Acquiring Ownership of Property through Legal Means

How can we acquire the part of the property where our house stands to avoid eviction?

Living on a piece of land without owning the title can pose risks, especially when disputes arise. Here are steps and legal concepts that might help you acquire ownership or secure your residency legally:

Understanding Property Rights and Occupancy

1. Property Title: The land title signifies ownership. Since the title is in your aunt’s name, she has the legal right to the property. However, long-term occupants can explore legal avenues to secure their residence.

2. Right of Way: If your house is built on the right of way, it means that this part of the land is designated for passage. This could complicate claims of ownership, but there are still legal avenues you can explore.

Steps to Secure Your Property Rights

1. Negotiation and Agreement with the Title Holder:

   • Talk to Your Aunt: Since the title is under your aunt's name, the first step is to discuss the situation with her. You can negotiate to purchase the land or part of it where your house stands.
   • Legal Documentation: If your aunt agrees to sell or donate the land to you, make sure to document the transaction legally. This involves drafting a deed of sale or donation, which must be notarized and registered with the Registry of Deeds.

2. Payment of Real Property Tax (Amelyar):

   • Continue paying the real property tax for the part of the land you are occupying. Keep records of all payments as these can support your claim of long-term occupancy and interest in the property.

3. Acquisition through Prescription:

   • Ordinary Prescription: Under Philippine law, continuous and uninterrupted possession of a property for at least 30 years in the concept of an owner can be a basis for acquiring ownership through prescription. However, this usually applies when the property is not registered under the Torrens system.
   • Extraordinary Prescription: If the property is registered, acquiring ownership through prescription can be more complex and generally requires longer periods of possession.

4. Right of Way:

   • If your house is indeed on a designated right of way, you may need to negotiate a different part of the land to avoid legal complications. You may request your aunt to provide a different area for your residence in exchange for vacating the right of way.

Legal Assistance and Procedures

1. Consult a Lawyer:

   • Seek legal advice to understand your rights and the best course of action. A lawyer can help you draft the necessary legal documents and represent you in negotiations or legal proceedings.

2. File a Petition for Ownership:

   • If negotiations with your aunt fail and you believe you have a strong case for ownership through prescription or other legal means, you can file a petition in court. Your lawyer can guide you through this process.

3. Barangay Mediation:

   • As an initial step, you can seek mediation from the Barangay where the property is located. Barangay officials can help facilitate a peaceful resolution between you and your aunt.

Legal References and Concepts

• Civil Code of the Philippines: Provides the legal framework for property ownership and acquisition through prescription.
• Real Property Tax Code: Payment of real property tax can support your claim of interest and possession.
• Land Registration Authority (LRA): Handles the registration and transfer of land titles in the Philippines.

By understanding these legal concepts and following the appropriate steps, you can work towards securing your property rights and avoiding eviction from the land where your house has stood for decades.