25sqm on its eastern boundary that Lot 25 did not lose nor gain any area that

25sqm on its eastern boundary that lot 25 did not

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found that Lot 24 lost approx.. 25sqm. on its eastern boundary; that Lot 25 did not lose nor gain any area; that Lot 26 lost around 3 sqm which were however gained by Lot 27. On the basis of this survey, Ballatan made a written demand on Go to remove & dismantle their improvements on Lot No. 24. Go refused, thus Ballatan brought the issue before the barangay. Go did not appear. Ballatan filed a case for recovery of possession before the RTC of Malabon. The Go’s filed an answer with third -party complaint, impleading Li Ching Yao, AIA & Engr. Quedding. The RTC decided in favor of Ballatan, ordering Go to vacate Lot No. 24 and demolish their improvements and to pay Ballatan actual damages. It also dismissed the third-party complaint against AIA, Quedding & Li Ching Yao. On appeal, the CA modified the decision of the RTC. It ordered Li Ching Yao & Engr. Quedding to pay Ballatan; and Li Ching Yao to pay Go, a reasonable amount for that portion of the lot which they encroached the value to be fixed at the time of taking.
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Issues: 1) Given the fact of encroachment on Ballatan’s property, what are her rights? Ruling: Thus, Ballatan as owner of Lot No. 24, may choose to purchase the improvement made by Go on their land, or sell to Go the subject portion.
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  • Summer '17
  • Dean Almirante
  • Prince County, Prince Edward Island, Townships of Prince Edward Island, St. David's Parish, Prince Edward Island, Winston Go, Eden Ballatan

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