Question: Is it legal to demolish a wall built by a neighbor that encroaches on your property?

In the Philippines, property disputes often arise from issues related to boundary encroachments. These disputes usually occur when one party builds a structure, such as a wall, that crosses into another party’s property. Understanding the legal framework that governs these situations is essential to resolve such conflicts lawfully.

Property Boundaries and Encroachments

Under Philippine law, property boundaries are strictly defined by titles, surveys, and official records. The Civil Code of the Philippines provides specific guidelines on property rights and obligations, particularly concerning boundaries between adjacent properties. The primary law that governs property disputes is the Civil Code of the Philippines (Republic Act No. 386), which outlines the responsibilities of property owners and the legal remedies available for boundary disputes.

Legal Remedies for Boundary Disputes

Amicable Settlement: The first step in resolving a boundary dispute is typically an amicable settlement between neighbors. It is advisable to communicate with your neighbor and attempt to reach an agreement. In many cases, disputes can be resolved without resorting to legal action.
Survey and Verification: If a dispute arises, both parties may agree to hire a licensed geodetic engineer to conduct a survey and verify the property boundaries. The result of the survey can serve as a basis for further action.
Filing a Case in Court: If an amicable settlement cannot be reached and the survey confirms encroachment, the property owner whose land is being encroached upon may file a case in court. The court may issue an order for the removal of the encroaching structure and possibly award damages.
Right to Self-Help: The Civil Code recognizes the right of a property owner to protect their property against unlawful interference. However, this right is limited and must be exercised with caution. Self-help actions, such as demolishing an encroaching wall, are permitted only when immediate action is necessary to prevent imminent harm. Otherwise, such actions may lead to legal consequences for the party taking unilateral action.

Consequences of Unauthorized Demolition

While a property owner has the right to remove encroachments, taking matters into one's own hands, such as demolishing a wall without legal authority or court order, can lead to legal repercussions. The aggrieved neighbor may file charges for damages, trespassing, or malicious mischief, depending on the circumstances. It is essential to follow legal procedures to avoid potential liabilities.

Conclusion

In cases of boundary disputes and encroachments in the Philippines, it is crucial to follow legal procedures. Property owners are encouraged to seek an amicable resolution, conduct a proper survey, and pursue legal action if necessary. Unauthorized demolition of structures encroaching on your property, while seemingly justified, could expose you to legal risks. Consulting with a lawyer and obtaining a court order is the best course of action to ensure your rights are protected while adhering to the law.