Sino ba ang may ari ng tinatawag na reclaimed land? Pwede ba itong pa-titulohan?
Meron tayong mga kababayan na nakatira malapit sa mga ilog. Pa-minsan-minsan, may nabu-buong lupa sa riverbanks na eventually ay pwede nang tirhan. Minsan naman nakikita nating tinatambakan ng lupa yung ilog para mas lumawak yung river banks.
Ano ba ng epekto nitong mga to sa pag mamay-ari ng lupa?
Ganyan ang tanong ng reader natin today, Marie M., who says:
"My uncle would like to give me a small portion of his backyard. This property is in Pampanga and is facing a riverbank. It's like an extension of his backyard so I was told it may no longer be covered by the land title he inherited from my grandmother.
The piece of land I think was a reclaimed area, my grandparents extended the back lots which were rice plots before, and made them part of the compound. If it does not have a title, can my uncle still give it as a gift?"
So, today paguusapan natin ang mga sumusunod:
- Ano ba yung reclamation?
- Ano effect nung reclamation sa may ari?
If you’re having issues transferring your land or have issues transferring the properties of a loved one who passed away, we have something that can help. We recorded an FAQ session where we answered the most common questions related to estate settlement.
You can access the recording by going to www.legalaccess.ph and choosing the estate settlement topic there.
Welcome to Legal Guide Philippines where we simplify the law to help you make better choices. I'm Atty. Erwin Zagala and I'm with my partner, Atty. Ramon Ramirez.
Answering Marie's question about Reclaimed Land:
- The land subject in Marie's question, her uncle's backyard, faces a riverbank, and the portion to be donated is an extension of such a backyard.
- She also stated that the portion to be donated is not part of the title of her uncle's land. In addition, she mentioned that the land was a "reclaimed area."
- From the facts presented, it can be surmised that the portion to be donated was previously part of the river and that her grandparents reclaimed the area to extend their property.
- Since the property is a reclaimed area, the same shall not fall as accretion under Article 457 of the Civil Code since it was not formed due to the currents of the river. The land formation was man-made.
- The reclaimed area still forms part of the river; hence, a property of public dominion. It is owned by the State and cannot be alienated by Marie's uncle.
These conclusions were based on the facts presented and may change after further investigation of the nature of the property as well as the extension of the portion sought to be donated.
PLEASE DO NOT USE THIS AS A VIRTUAL CONSULTATION… CONSULT YOUR LAWYER. USE THIS AS A BASIS FOR CONSULTING YOUR LAWYER
For most of you, this video was more than enough, and if it makes your life easier then you're welcome. But there are those of you who will watch this video and end up asking more questions.
If that’s you, you can access our free recorded FAQ on Transferring Land where we answer the most common questions we get from clients who consult us about real estate. Watch it on www.legalaccess.ph by choosing TRANSFERRING LAND from the options.
One last thing...the concept of accretion and alluvium is relatively complex. There’s a lot more to it than what we discussed today. So if you have more questions or if your situation is a little bit different, please please please consult a lawyer that you trust. Or better yet, consult a lawyer who specializes in property law. That way, you ensure that your rights and opportunities are protected.
So wasn't that simple? Now go make better choices.