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Selling idle agricultural land and tenancy compensation

silvrewolf · 5 · 2170

silvrewolf

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My family is selling agricultural land in Cavite. Honestly, the land has been idle and throughout the years we had not managed it to be productive (Our bad). There have been squatters in the properties for a long time. Would anyone be familiar with law/carp as it pertains to the rights of these squatters to be compensated when we sell the property? I've been hearing about tenancy compensation but I don't understand why the squatters need to be compensated when they're not farmers on our property (no one there produces any output). Could anyone enlighten me? :(


ferrariEverest

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Based on what I've read a year or so back, they do not have the right to squat and privilege to get compensated. Squatting relatives do not have that right, what more people whom you have no kinship with?

However, there might be a different interpretation or version of that part of the law which I've read... Or the law may have been revised. I forgot which one and where I've read it. (I'm familiar with the issue because a relative has the same problem, with a slightly different twist)

In your case, the main issue has been your (admittedly) prolonged inaction in terms of evicting them from your property. You may need to settle the matter extra-judicially and give them a small compensation in exchange for their voluntary evacuation.

Have you tried communicating with them? You should try all options to settle the matter peacefully. Talk to them and inform them about the situation (they are squatters ,you are the owners). You may have to talk with them in front of the Barangay chairman. Try to arrive at a mutually-acceptable decision, like giving them X number of weeks and months to vacate the property, etc.
« Last Edit: Apr 29, 2014, 09:55 AM by ferrariEverest »


silvrewolf

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@ferrariEverest Thanks for the response. This is actually an inherited issue (with the squatters) from my father, and the family is in the process of revisiting what has been discussed between my father and the squatters. From what little we know, discussion has dragged on for so long compounded by the fact that it's hard going to and from Cavite and there are so many of them that it'd difficult to arrive at an agreed 'compensation' to leave. I also cannot confirm but I hear that when they leave, others take their place (or they find ways to go back). I'm trying to find a law reference on the net indicating what are the owners rights (and squatter rights) regarding this, but it is proving a slow task. Would you know if a seller is legally required to evict the squatters prior to selling? Potential buyers have already checked the title(s) and have done preliminary inspections so they are aware of the so called 'tenants', but since I'm not too law savvy, I would like to confirm one way or another if we're required to settle the tenants first before settling or if it's okay (if buyer agrees) to hand off the settling to the buyer if they agree to it.


ferrariEverest

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I don't know, but I don't think a seller is required to do that.

If the buyer agrees to settle it on their own, you're lucky!

You could pay a visit to the municipal/city PAO (Public Attorney's Office) or a private lawyer to learn more.


jboss

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Hi TS,   somewhat similar ang problem natin...,..difference lang is yun lupa namin ay inaayos pa ang title para malipat sa pangalan namin at maibenta....   any ideas kung magkano na ang price per square meter ng agricultural land?  we are planning to sell it to DAR sana kaso its under the required minimum para bilhin ng DAR.   


 


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