Fencing Inherited Property After a Barangay Dispute Settlement
Philippine Legal Framework, July 2025
Executive Summary
When heirs finally agree on property boundaries at the barangay level, their next practical concern is often, “May I now fence the land?” Yes — but only after weaving together rules on succession, co-ownership, barangay justice, land registration, the National Building Code, and easements. Missteps can undo the settlement or even expose you to criminal or administrative sanctions. This article maps the entire process from the moment an amicable settlement is signed to the day the fence is lawfully in place.
1 Succession and the Default Co-ownership
| Key Rule | Citation |
|---|---|
| Heirs become co-owners of every undivided square meter until there is partition. | Civil Code arts. 777, 1078, 493 |
| Each co-owner may use the property in proportion to his hereditary share, provided he does not exclude the others. | Art. 486 |
| No unilateral permanent change (e.g., concrete perimeter fence) is allowed without consent of all co-owners or a prior partition. | Arts. 493–494 |
Take-away: Before fencing, secure either (a) everyone’s written consent, or (b) a partition agreement approved and annotated with the Registry of Deeds.
2 Barangay Justice System in Boundary Disputes
Katarungang Pambarangay (RA 7160, Book III, Title I, Ch. 7)
- Punong Barangay mediation → if unresolved,
- Pangkat ng Tagapagkasundo conciliation → Amicable Settlement (Kasunduan).
The settlement, once signed and unrepudiated within 10 days, acquires the force of a final court judgment (Art. 267, RA 7160).
Registration is not required for validity, but filing it with the Lupon and nearest MTC/RTC secures executory effect and prevents later claims of forgery or modification.
Scope: Boundary location, partition, or any incident of possession between residents of the same city/municipality not exceeding ₱400,000 (urban) or ₱300,000 (rural) fall under mandatory barangay conciliation.
3 From Settlement to Survey: Establishing the Line
Relocation or Subdivision Survey
- Engage a licensed Geodetic Engineer (GE) to plot the agreed line.
- GE prepares a Relocation/Subdivision Plan (RSP) and Technical Description (T.D.) for each resulting lot.
DENR-LMB Approval (if titled under the Torrens system) or DAR clearance (for CARP-covered agricultural land).
Lot Description Annotation
- File the settlement, the RSP, and the T.D. with the Registry of Deeds (RD).
- RD annotates on the mother title and, when partitioned, issues new Transfer Certificates of Title (TCTs).
Without these steps, a fence could legally be deemed an encroachment or “damaging obstruction” even if both parties “emotionally” agreed on the boundary at the barangay hall.
4 Legal Right to Fence
| Scenario | Governing Provision | Permit Needed? |
|---|---|---|
| Sole Owner (post-partition) | Art. 428 (right to enjoy and dispose) | Yes, if fence ≥ 1.8 m or masonry ≥ 1 m (PD 1096, Sec. 301) |
| Co-ownership | Art. 491 (alterations need unanimous consent) | Same rule on permits plus written consent of all co-owners |
| Urban Subdivision / HOA | Subdivision & Condominium Buyers’ Protective Decree (PD 957), HOA by-laws | LGU permit and HOA clearance |
National Building Code (PD 1096)
- Fences ≤ 1.80 m (non masonry) are generally exempt from permit unless local ordinance requires otherwise.
- Fences abutting a public road must observe set-backs in the Comprehensive Land Use Plan (CLUP) and sidewalk width rules of the Department of Public Works and Highways (DPWH).
Environmental & Heritage Overlays
- Coastal easement (Art. 638, 20-m public strip), river banks, or timberland classifications may outright prohibit fencing.
- Check local ancestral domain or heritage zone ordinances for additional setbacks.
5 Intersection with Easements
- Right-of-Way (Art. 649): You may fence, but must leave the width adjudged in the barangay settlement or court order for the dominant estate.
- Party Wall (Arts. 658–666): A fence exactly on the boundary is presumed party wall; each owner pays ½ of maintenance unless otherwise agreed.
- Watercourse Easements: Natural drainage cannot be obstructed (Art. 637). Design the fence with culverts or scuppers.
6 Criminal and Civil Liabilities
| Act | Possible Charge | Notes |
|---|---|---|
| Building a fence that encroaches after final survey | Estafa (Art. 315 par 2(a)) or Other Forms of Trespass (Art. 281 RPC) | Intent to gain or prejudice required for estafa |
| Destroying another’s fence | Malicious Mischief (Art. 328 RPC) | – |
| Disobeying Lupon execution order | Indirect Contempt upon elevation to MTC/RTC | – |
7 Administrative Path When a Party Refuses to Comply
- Motion to Execute filed with the Punong Barangay within 6 months of settlement.
- If still defied → MTC/RTC petition for enforcement under Rule 39 of the Rules of Court, treated as an MTC judgment.
- Sheriff or Barangay Enforcement Team may remove an illegal fence or assist in constructing the lawful one.
8 Special Cases
Agrarian Reform Beneficiaries (ARBs):
- DAR A.O. 07-2011 allows fencing of CLOA land only after 5 years of occupation and DAR clearance to ensure no circumvention of tenancy.
Indigenous Cultural Communities: NCIP approval is needed if property is within an ancestral domain.
Road Widening Projects: DPWH may expropriate despite private fences; compensation follows RA 10752 (Right-of-Way Act).
9 Practical Compliance Checklist
- ✅ Review barangay settlement terms — make sure fencing is either expressly allowed or boundaries are clear.
- ✅ Hire a GE for a relocation or subdivision survey.
- ✅ File survey & settlement with the RD; secure new TCTs or annotate old ones.
- ✅ Obtain building/fence permit from the City/Municipal Engineer (attach GE plan, owner’s consent, HOA clearance if any).
- ✅ Respect easements and local CLUP setback rules.
- ✅ Construct within the surveyed line. Keep photos and receipts to defend against future claims.
- ✅ Post-construction inspection and occupancy certification, if required by ordinance.
10 Conclusion
A barangay-level amicable settlement is only the starting line. Transforming that paper agreement into a legally secure fence requires surveying, titling actions, permits, and respect for co-ownership and easement rules. When done correctly, heirs turn fragile peace into lasting certainty — literally setting boundaries that the law will defend.
Legal Note: This article synthesizes statutes, jurisprudence, and administrative issuances effective as of July 31 2025. Always verify if newer local ordinances or court decisions have modified specific requirements in your locality.