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Philippine Laws on Right of Way/Blocking the Driveway

This is a discussion on Philippine Laws on Right of Way/Blocking the Driveway within the OT Archives forums, part of the Archived Threads category; Hello Fellow Muggers! I currently have a problem with my neighbor. We live in a village and both our homes ...

  1. #1
    Mac Lover meatballasagna's Avatar
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    Default Philippine Laws on Right of Way/Blocking the Driveway

    Hello Fellow Muggers!

    I currently have a problem with my neighbor. We live in a village and both our homes share one cul de sac where only 1 car can pass through. My neighbor has 2 cars, and I have only 1 car. They only have space for 1 car in their garage, so conveniently, they use the cul de sac to park their other car. Yes, they are blocking the entrance to our gate, so everytime I need to get out of or go into my own garage, they want us to just ring their door bell and ask them to move their car out of the way. Sometimes, they even handover the keys to us and let us move their own car out of our way. We've already requested them to park their car out on the street especially at night, but they still insist that they can just move it out of the way when we need them to. I have two main issues with them blocking our driveway: 1) I have 2 senior citizens(Mom and Dad) living with me. My Dad is perfectly healthy at 70 years old, but my Mom is a very fragile 66 year old. She had a brain tumor taken out of her years ago, and she can have seizures anytime. In case of an emergency, every second counts, so I don't think its an option for me to wait for them to get their car out of the way. 2) I am not free to get into or get out of my own garage! I always have to ask them to move their car out of the way. I am not really sure if there are laws about this, so I thought of putting it out here just in case someone can shed some light regarding this matter. My neighbor is an attorney, so I would like to know what my rights are before talking to her. Hope someone can share what they know about our laws. Thanks in advance kind Muggers!

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    Apple Genius raypin's Avatar
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    Default Re: Philippine Laws on Right of Way/Blocking the Driveway

    mmm....in case neighbor-to-neighbor talk fails, bring this matter to the the attention of your barangay captain and requested a hearing or an arbitration. Perhaps, an amicable settlement or a suitable arrangement can be made without going through the legal system. Does your village homeowner's association have any rules pertaining to street parking? Technically, anything outside your property's boundary is not yours alone. It is for the use of all the village residents.

    Why don't you park your own car in front of your driveway, thus depriving him/her of the opportunity to block your passage? Post a "do not block the driveway" sign. Vandalize his/her car......................................joke.

    edit: not a lawyer....but from what I know (or know little), the term is legal easement and it is a right that all property owners have. So, a party that violates this right must be guilty of something (exactly what, I have no idea). So, it is not a matter of right but enforcing that right that is the root of your problem. Mutual agreement is the best recourse but if the situation demands that you take the next step, go to the authorities (because they have the responsibility to enforce the law).
    Last edited by raypin; 07-29-2011 at 04:07 AM.
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    Default Re: Philippine Laws on Right of Way/Blocking the Driveway

    Perhaps, explain to them why they should not block the driveway, especially given your mom's condition. Your reasons are valid enough for them to understand your concerns.

    Something similar happened to us. We have 3 cars and our garage can only accommodate 2 and since there's still enough space for two cars in front of our house without blocking the main gate, we would always park the 3rd car outside. There's still unused parking space enough for a car in front of our house and our neighbor would usually park their car there as if it's part of their lot but obviously it is not. They do that without asking any permission from us. We didn't bother to talk to them about it at first because my mom would usually just tell us, "hayaan nyo na, wala silang garage, nakakahiya kung paalisin natin." It was never a problem before but when my sister started visiting us almost everyday, no parking space is left for her and that's the time when my brother talked to our neighbor about it. Our neighbor didn't have a choice but to park his car somewhere else instead. We now have a "no parking" sign outside. The thing is, that particular neighbor of ours now bears a grudge against us.
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    Apple Genius jaijin's Avatar
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    Default Re: Philippine Laws on Right of Way/Blocking the Driveway

    They give you their car keys, use it--in cases of emergency. But I agree with the others, settle this before there need be legal action.
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    Mac Addict wildcard's Avatar
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    Default Re: Philippine Laws on Right of Way/Blocking the Driveway

    gather evidence first, photos or videos, in case your neighbor denies blocking the driveway
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    Mac Fanatic coolpix32's Avatar
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    Default

    What's wrong with this picture? Everything! I don't think you should even have a compelling reason (i.e. sickly senior folks) to have your neighbors park elsewhere. The fact that basic access to your own garage is compromised by them is reason enough for them not to block your driveway.

    I suggest you talk to them first and insist that the current set-up is unacceptable. If this fails, escalate to your homeowners association. If this fails, go to the barangay.


    Quote Originally Posted by meatballasagna
    Hello Fellow Muggers!

    I currently have a problem with my neighbor. We live in a village and both our homes share one cul de sac where only 1 car can pass through. My neighbor has 2 cars, and I have only 1 car. They only have space for 1 car in their garage, so conveniently, they use the cul de sac to park their other car. Yes, they are blocking the entrance to our gate, so everytime I need to get out of or go into my own garage, they want us to just ring their door bell and ask them to move their car out of the way. Sometimes, they even handover the keys to us and let us move their own car out of our way. We've already requested them to park their car out on the street especially at night, but they still insist that they can just move it out of the way when we need them to. I have two main issues with them blocking our driveway: 1) I have 2 senior citizens(Mom and Dad) living with me. My Dad is perfectly healthy at 70 years old, but my Mom is a very fragile 66 year old. She had a brain tumor taken out of her years ago, and she can have seizures anytime. In case of an emergency, every second counts, so I don't think its an option for me to wait for them to get their car out of the way. 2) I am not free to get into or get out of my own garage! I always have to ask them to move their car out of the way. I am not really sure if there are laws about this, so I thought of putting it out here just in case someone can shed some light regarding this matter. My neighbor is an attorney, so I would like to know what my rights are before talking to her. Hope someone can share what they know about our laws. Thanks in advance kind Muggers!
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    Mac Lover dlim's Avatar
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    Default Re: Philippine Laws on Right of Way/Blocking the Driveway

    gago pala neighbor mo eh... abogado sha tapos ganun sha.. anobayan... everyone has a right 2 propr ingres & egres to and fr their dwelling!

    why not just park your car infront of YOUR driveway. i think that should solve things.

    yeah. gather evidence also even BEFORE complaning to your brgy captain.

    gago pala neighbor mo eh... abogado sha tapos ganun sha.. anobayan... everyone has a right 2 propr ingres & egres to and fr their dwelling!

    why not just park your car infront of YOUR driveway. i think that should solve things.

    yeah. gather evidence also even BEFORE complaning to your brgy captain.

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    Apple Genius philpangandian's Avatar
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    Default Re: Philippine Laws on Right of Way/Blocking the Driveway

    Why not show him this thread to let him know how wrong he is.. If all else fail, use chemical compound.

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    Mac Freak NiX88's Avatar
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    Default Re: Philippine Laws on Right of Way/Blocking the Driveway

    Maybe you can just tell her the same things you said in this thread.

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    Default Re: Philippine Laws on Right of Way/Blocking the Driveway

    Check with your barangay or city. Usually there is an ordinance forbidding overnight parking on streets. The rationale is that parked cars on the streets pose a hazard and obstruction to police or fire vehicles. You can invoke this ruling if there is.

    Approach your neighbor in a civil but firm manner and inform her that the current arrangement is not working and that you insist that the ingress/egress path be kept free at all times and that you need freedom of access at all times. Let her know that if this matter cannot be resolved between the two of you, that you shall have to seek redress from barangay authorities.

    Make it known to the barangay officials that there are practical reasons for insisting on an open path: breakdown of the blocking car, family emergencies, police/fire officials' access, key left inside locked car, et al.
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