Dear Attorney,
I am currently dealing with a property issue that involves a boundary dispute with a neighboring lot owner. The dispute arose when the neighbor recently constructed a fence, which seems to encroach on my property based on the original land title measurements and survey conducted when I purchased the land. The neighbor insists that the fence is properly placed and within their boundaries.
I would like to clarify my rights in this situation. What legal steps should I take to resolve this issue? How do I ensure that my property rights are protected, and what actions can I take if the neighbor refuses to cooperate? I am also concerned about the costs and legal implications if this escalates.
Sincerely,
Concerned Property Owner
Insights:
In situations involving boundary disputes between neighbors, the legal process for resolution typically starts by reviewing the documents related to the property, including titles, deeds, and any surveys previously conducted. In your case, the first step would be to check if the boundaries stated in your property title match the actual land where the fence was built. This can be done by hiring a licensed geodetic engineer to conduct a survey and establish the exact boundary lines of your property.
If the survey confirms that the neighbor’s fence encroaches on your property, you have the right to demand that the neighbor remove the encroachment. Under Philippine law, particularly the Civil Code, property owners have the right to full enjoyment and protection of their property, including the right to file an ejectment case if necessary.
The legal steps you can take include the following:
Amicable Settlement: Try to settle the matter amicably with your neighbor by presenting the results of the land survey. In many cases, disputes of this nature can be resolved without court intervention if both parties agree on the findings and are willing to make adjustments.
Barangay Mediation: If the neighbor refuses to cooperate, the next step under Philippine law is to bring the dispute to the barangay for mediation. The Local Government Code of the Philippines mandates that boundary disputes between neighbors must first undergo a barangay conciliation process before they can be elevated to the courts.
Legal Action: If the barangay mediation fails, you can file an action in court, such as an action for reivindicacion (recovery of possession) or accion publiciana (recovery of ownership or possession). You can also file an ejectment case if the encroachment causes direct harm or limits your use of the property. Legal actions could be costly, but they may be necessary to protect your property rights.
It is also important to consider that these types of disputes can take time to resolve, especially if legal proceedings are involved. However, once you have established your right through proper documentation and survey, the law will be on your side to ensure that your property boundaries are respected.
For costs, you may need to consider the fees for the land survey and any potential court costs. If the case escalates, you may also want to explore whether this dispute qualifies under the jurisdiction of small claims courts, which can provide a more expedited and less costly process.
In summary, to protect your property rights, it is crucial to gather all relevant documentation and seek a professional survey to establish the boundaries. Initiate the process through peaceful negotiations, but be prepared to escalate the matter through barangay conciliation and, if necessary, legal action.