Answered Civil Law
Roberto Reyes May 16, 2026 16 views

My neighbor built a fence that encroaches on my property. What is the legal remedy?

Lawyer's Answer

QSP Law Office May 16, 2026
An encroachment by a neighbor's fence on your property is a violation of your property rights under Civil Law. Here are your legal options: (1) Amicable Settlement — first, try to resolve it through barangay conciliation (required by the Katarungang Pambarangay Law before filing a court case for disputes between neighbors). (2) Accion Publiciana or Accion Reivindicatoria — if barangay mediation fails, you may file a case before the Regional Trial Court to recover possession and ownership of the encroached portion. (3) You may also demand the removal of the fence and compensation for damages caused. To properly assert your rights, secure a geodetic survey to accurately determine your property boundaries. We recommend consulting a property lawyer to evaluate the strength of your claim based on your title documents.
Disclaimer: Answers are for general informational purposes only and do not constitute legal advice or create an attorney-client relationship. Consult a qualified lawyer for advice specific to your situation.