1. Overview of the Problem

A neighbor putting up a concrete fence that blocks or narrows a right of way is a common property dispute in the Philippines. The “right of way” could be:

A private easement (servitude) benefiting a specific property, such as a passage to a landlocked lot;
A shared access agreed upon by owners in a subdivision or among co-owners; or
A public road or alley that the public or community uses.

Your remedies depend heavily on what kind of right of way is being blocked, where the fence is built, and what legal right you already have over the passage.

This article lays out the relevant Philippine legal framework and the practical/legal steps available.

2. Key Philippine Law Concepts

2.1 Easements / Servitudes Under the Civil Code

An easement (servidumbre) is a real right over someone else’s property for the benefit of another property or person.

Right of way is a legal easement regulated by the Civil Code (particularly the provisions on easements of right of way). In general:

It exists only when a property is enclosed or landlocked with no adequate outlet to a public road.
The owner of the landlocked property (dominant estate) may demand a passage through neighboring property (servient estate) upon payment of proper indemnity.
The right of way must be established at the point least prejudicial to the servient estate and shortest distance to the public road.

Important implication: If you are landlocked and meet the legal requirements, you can demand an easement even if the neighbor refuses. If the neighbor blocks an already-existing easement, courts can compel removal.

2.2 Voluntary vs. Legal Easement

Voluntary easement: created by contract, deed of sale, subdivision plan, or written agreement.
Legal easement of right of way: compelled by law due to necessity (landlocked property).

If the passage is voluntary, you must prove the agreement or established condition (e.g., title annotation, subdivision plan, deed, or long-recognized access). If it’s legal, you must prove necessity and pay indemnity.

2.3 Continuous / Discontinuous; Apparent / Non-Apparent

Right of way is usually a discontinuous easement (used by human act, not constant). Discontinuous easements generally cannot be acquired by prescription unless supported by a title (written proof).

So if your claim is based purely on long use without any written basis, it may be harder unless the facts show implied dedication, public road status, or other special grounds.

2.4 Nuisance

A fence that blocks a lawful passage may be deemed a private nuisance, because it interferes with the use/enjoyment of property. Under nuisance rules:

You may seek abatement/removal and damages.
Courts decide based on reasonableness, legality of the passage, and harm caused.

2.5 Encroachment / Boundary Disputes

Sometimes the “obstruction” is actually a boundary issue—the neighbor may have built on land that is not theirs (including on a road lot). If so, your case may be:

Recovery of possession/ownership, not just easement.

This affects the kind of court action and evidence needed.

3. Determining What You’re Dealing With

Before choosing a remedy, classify the right of way:

A. Public Road / Alley

Indicators:

Shown as a road lot in the approved subdivision plan
Titled in the name of the LGU or marked for roads
Used by the public generally, not just one owner
Maintained, lighted, or recognized by the barangay/LGU

Blocking a public road is typically illegal and can be addressed administratively and judicially.

B. Private Easement (Voluntary or Legal)

Indicators:

Your title or deed mentions the easement
There is an annotation on titles
There is a written agreement
The passage exists specifically to serve your property
You are landlocked without it

C. Shared/Community Access

Indicators:

Access used by several owners
Recognized by HOA, barangay, or subdivision developer
Appears in subdivision documents but not necessarily dedicated as public

4. Extrajudicial / Administrative Remedies (Often First Steps)

4.1 Direct Demand / Notice

A formal written demand helps later in court:

State the basis of your right (title, easement, necessity, public road).
Identify the obstruction and its effects.
Demand removal or restoration within a reasonable time.
Keep proof of service (registered mail, personal receipt, barangay certification).

4.2 Barangay Conciliation (Katarungang Pambarangay)

For disputes between neighbors in the same city/municipality, barangay conciliation is usually mandatory before filing most civil cases.

Process:

File complaint at barangay.
Mediation by Punong Barangay.
If unresolved, conciliation panel (lupon).
If still unresolved, you get a Certificate to File Action.

Skipping this can lead to dismissal unless your case falls under exceptions (e.g., urgent injunctive relief, government party, different municipalities, etc.).

4.3 Office of the Building Official (OBO) / LGU Engineering

A concrete fence generally needs a building permit and must follow:

Setback rules, road right-of-way lines, zoning ordinances, and the National Building Code.
If it encroaches on a road lot or violates line/setback requirements, OBO can issue a stop-work order or demolition/rectification order.

Even if you will later file a civil case, an LGU finding of violation is strong evidence.

4.4 HOA / Subdivision Developer or DHSUD Concerns

If inside a subdivision or condominium project:

Check the subdivision plan, deed restrictions, and road lot dedication.
HOA or developer can enforce road/access rules.
If road lots are part of project approvals, you may elevate disputes to relevant housing/project regulators.

4.5 Police / Public Safety

If the fence blocks a public road, requesting police/traffic enforcement support can be appropriate, especially when safety or emergency access is affected. This is not a substitute for proper legal proceedings but may prevent escalation.

5. Judicial Remedies (Civil)

5.1 Action to Establish or Restore Easement of Right of Way

If your property is landlocked or has a title-based easement:

You may file a civil case to:

Declare your right of way,
Fix its location/width, and
Order the neighbor to remove the obstruction.

Courts will look for:

Lack of adequate access to a public road;
Necessity (not mere convenience);
Proposed route least prejudicial and shortest;
Payment of indemnity (if legal easement based on necessity).

Outcome may include:

Judicially defined passage;
Demolition/removal order;
Indemnity computation.

5.2 Injunction (TRO / Preliminary Injunction / Permanent Injunction)

If the obstruction causes urgent harm—no access for vehicles, emergency, livelihood, etc.—you may ask the court for:

Temporary Restraining Order (TRO)
Preliminary Injunction to stop construction or force access pending trial
Permanent Injunction after judgment

You must show:

Clear and unmistakable right (or strong prima facie case);
Substantial and irreparable injury;
Urgency.

This is often paired with the main easement or nuisance case.

5.3 Abatement of Nuisance + Damages

If the fence is an unreasonable interference with your property rights, you may sue for:

Removal/abatement, and
Actual damages (costs, loss of income, alternative access expenses),
Moral damages (if bad faith, harassment, humiliation),
Exemplary damages (to deter oppressive conduct),
Attorney’s fees (in appropriate cases).

Bad faith (e.g., building despite demands or official warnings) increases your chances of damages.

5.4 Ejectment (Forcible Entry / Unlawful Detainer)

If the fence squarely occupies your land or your titled road lot and the occupation/encroachment is recent, you might use ejectment:

Forcible entry: you were deprived of possession by force/intimidation/strategy/stealth; file within 1 year from dispossession.
Unlawful detainer: possession started lawful but became illegal; file within 1 year from demand to vacate.

Ejectment is fast and focuses on possession, not ownership, but can order removal of structures.

5.5 Accion Publiciana / Accion Reivindicatoria

If more than 1 year has passed or ownership is at issue:

Accion publiciana: recovery of better right of possession (after 1 year).
Accion reivindicatoria: recovery of ownership + possession.

These are slower but resolve boundary and ownership definitively.

5.6 Quieting of Title / Boundary Settlement

When both sides claim ownership over the same strip of land (including road lots), you may need:

Quieting of title to remove cloud on your ownership, or
Judicial boundary determination supported by surveys.

6. Possible Criminal Angles (Case-Dependent)

A fence obstruction is mainly civil/administrative, but criminal liability may arise if facts show:

Malicious mischief / destruction of your property or access improvements;
Grave coercion (forcing you to give up passage by threats/violence);
Violation of special laws/ordinances on blocking public roads or easements.

Criminal cases require proof beyond reasonable doubt and are usually secondary to civil remedies, but they can pressure compliance when the obstruction is willful and abusive.

7. Evidence You’ll Need

Strong evidence is everything. Typical proof includes:

Titles (TCT/CCT) and tax declarations
- Look for easement annotations or road lot markings.
Approved subdivision plan / relocation survey
- Shows if the blocked area is a road lot, easement, or part of your property.
Geodetic engineer’s survey and report
- Crucial for encroachment/boundary disputes.
- Courts heavily rely on technical surveys.
Photos/videos + date proof
- Capture before/during/after construction.
- Show actual obstruction and impact.
Barangay records
- Complaint, mediation minutes, certificate to file action.
LGU/OBO notices or findings
- Stop-work orders, violation reports, letters.
Witnesses
- Neighbors or officials who can testify about long use, necessity, or public nature.

8. Practical Litigation Strategy (Philippine Reality)

Verify your legal basis first.
- If it’s on the title or subdivision plan, your case is much easier.
- If purely based on “we’ve been using it for years,” you need to show necessity, implied dedication, or other strong factors.
Start with barangay and LGU complaints.
- These cost less and establish a paper trail.
Get a survey early.
- Many cases collapse because of weak technical proof.
Use injunction if access is critical.
- Prevent the fence from becoming a “fait accompli.”
Be ready for indemnity if it’s a legal easement of necessity.
- Courts won’t grant a compulsory right of way for free.

9. Limitations and Common Pitfalls

Convenience is not necessity. If you have another adequate access—even if longer or less comfortable—a compulsory easement may be denied.
Wrong remedy = dismissal. Example: filing ejectment when the issue is actually an easement, or vice-versa.
Prescription issues. Some actions must be filed within certain periods (especially ejectment).
“Self-help demolition” is risky. Even if you feel right, tearing down a neighbor’s fence without authority can expose you to civil/criminal liability unless clearly allowed under nuisance abatement rules and done safely. Courts prefer orderly proceedings.

10. What Courts Typically Consider

Philippine courts often weigh:

Existence of legal or voluntary right
Necessity and adequacy of alternative routes
Least prejudice + shortest route principle
Good/bad faith of the parties
Technical correctness of surveys
Public vs. private character of the passage

11. Remedies Summary (Quick Map)

If it’s a public road:

LGU/OBO complaint → demolition/clearing order
Civil case for injunction / nuisance
Possible ordinance-based criminal complaint

If it’s a title-based/private easement:

Barangay conciliation
Civil action to enforce easement + injunction + damages

If you’re landlocked (legal easement of necessity):

Barangay conciliation
Civil action to establish right of way
Pay indemnity
Injunction/removal order

If fence encroaches on your land/road lot:

Survey
Ejectment (≤1 year) or accion publiciana/reivindicatoria (>1 year)
Injunction + damages

12. Final Notes

Right-of-way disputes are intensely fact-specific. Two cases that sound identical can have opposite outcomes depending on titles, plans, surveys, and necessity. If access to your property is materially blocked, the law provides multiple overlapping routes—administrative enforcement, barangay settlement, and court actions—to restore passage and hold an obstructing neighbor liable.

For anything beyond initial steps, working with a Philippine lawyer and a licensed geodetic engineer is the most efficient way to protect your access rights and avoid procedural traps.