A practitioner-grade guide to diagnosing, documenting, and resolving boundary intrusions when your land is untitled—from survey and barangay conciliation, to injunctions, ejectment, and titling. Includes technical playbooks, legal routes, and ready-to-use templates.

I. “Untitled Lot”: Why it’s Different

“Untitled” means no issued Torrens title yet. Rights are usually anchored in:

Private, unregistered ownership (e.g., inherited property never registered);
Possession of public land that is Alienable & Disposable (A&D) under the Public Land Act (C.A. 141) and later confirmable (administratively or judicially);
Tax declarations/real property tax receipts: not ownership by themselves, but corroborate claim and possession.

Implications: Without an indefeasible title, disputes turn on (1) possession quality and continuity, (2) approved technical surveys, and (3) land classification (A&D vs. inalienable). You cannot acquire by prescription over non-A&D public land.

II. Typical Encroachment Patterns

Fence/structure creep over the historical line or monuments (mohons).
Survey overlap: neighbor’s new relocation plan bites into your long-possessed area.
Government works (road widening, drainage) occupying a strip without due process.
Builder-in-good-faith scenario: neighbor builds believing the sliver is theirs.
Right-of-way skirmishes: driveways/eaves/gutters crossing the boundary.

III. Legal Pillars

Civil Code
- Possessory & proprietary actions (forcible entry, unlawful detainer, accion publiciana, accion reivindicatoria).
- Accession/Improvements: Arts. 448 (builders on another’s land), 546 (necessary/useful expenses).
- Damages; injunction (Rule 58).
- Prescription: Ordinary (~~10 yrs with just title & good faith) and extraordinary (~~30 yrs) over private property only.
Public Land Act (C.A. 141) & Property Registration Decree (P.D. 1529)
- Confirmation of imperfect title; judicial/administrative titling; oppositions.
ROW/Expropriation (R.A. 10752)
- For government takings: just compensation and due process.
Katarungang Pambarangay
- Prior barangay conciliation for neighbors in the same city/municipality, unless an exception applies (e.g., injunction with urgent relief, parties in different cities).

IV. Technical First: The Survey Workflow (Win or Lose Here)

Engage a Licensed Geodetic Engineer (LGE).
- TOR: Boundary re-establishment, quantify intrusion (sq.m.), tie to NAMRIA/PRS92/PRS2018 control points, reference BLLM.
Records Recon.
- Gather Lot Data Computation, previous surveys, cadastral maps, tax map/section, neighbor’s technical descriptions, and any approved plans (e.g., Plan PSU-, Cad Lot No.).
Field Work & Monuments.
- Locate or re-set mohons; traverse boundary; shoot the encroaching fence/footings.
Relocation/Verification Plan & Report.
- Deliverables: plan & technical description, sketch overlay showing the overlapped polygon in color, area table, and variance analysis (misclosure, instrument precision).
Regulatory Notations (as needed).
- For public-land claims: DENR-CENRO/LMB annotations; A&D Certification request (if relying on possession over public land).
Neighbor Participation.
- Send written invitations for the survey & monumenting; note if declined (helps on good faith issues and later litigation).

V. First Legal Moves (Fast, Written, Proportionate)

Cease-and-Desist + Joint Survey Demand.
- Put the neighbor on notice; attach the LGE preliminary sketch; demand standstill buffer (e.g., 1–2 meters) pending final plan.
Barangay Conciliation.
- File a complaint; seek (a) standstill undertaking, (b) joint survey commitment, (c) Kasunduan on the line (attach LGE plan).
- If no settlement: secure Certification to File Action.
Pick the Correct Case & Clock.
- Forcible Entry (accion interdictal): if dispossession was by force, intimidation, threat, strategy, or stealth, file in MTC within 1 year from dispossession.
- Unlawful Detainer: initial entry by tolerance, later refused to vacate; file within 1 year from last demand.
- Accion Publiciana: to recover possession when 1-year windows lapsed.
- Accion Reivindicatoria: to recover ownership (plus possession), typically RTC.
- Injunction (Rule 58): urgent TRO/WPI to stop continuing works or compel temporary removal.

Tip: If the intrusion is ongoing construction, move for TRO/WPI early; courts dislike fait-accomplis.

VI. Untitled vs. Titled Neighbor: Strategy

A. You Untitled, Neighbor Titled

A title is strong within its metes and bounds. Attack overreach via survey clash; show long, peaceable possession.
Consider reconveyance/reformation if their plan plainly overlaps.
If they’re applying for title, oppose in land registration with your LGE plan and possession proofs.

B. Both Untitled

Court weighs prior/peaceable possession, quality of possession, and better survey.
A Kasunduan fixing the line (with plan annex) is potent and can support future titling.

VII. Builders on Another’s Land (Art. 448/546): Remedies Matrix

Builder’s Good Faith?	Owner Options	Money Consequences
Good faith	(1) Appropriate improvement by paying necessary & useful expenses; or (2) Compel removal if owner pays indemnity	Court may order land sale/lease of the sliver to avoid economic waste
Bad faith (warned/refused survey)	(1) Removal at builder’s expense; and/or (2) Appropriate without indemnity, plus damages	Builder may get only salvageable materials

Document notice dates and ignored survey invitations to prove bad faith.

VIII. Government Encroachment

Invoke R.A. 10752 (ROW): agencies must expropriate/compensate; for illegal occupation, seek injunction/just compensation.
For temporary occupation, agree on permit-to-enter with rent and restoration; insist on zonal value/FMV basis for compensation, plus consequential damages (e.g., loss of access).

IX. Prescription, Public Domain & A&D Checks

No prescription against public domain. Confirm A&D status (DENR/NAMRIA) if your claim traces to public land possession.
Between private parties, prescription rules apply (ordinary/extraordinary) depending on title and good faith. Interruptions (demands, filings) reset clocks.

X. Titling as Parallel Strategy (De-risk Recurrence)

Judicial/Administrative confirmation of imperfect title if you qualify (e.g., A&D + long possession).
Core dossier: A&D cert, approved survey (LGE), 20+ years possession proofs, tax dec/ORs, neighbor affidavits.
Titling doesn’t cure a wrong survey—get the line right first.

XI. Practical Playbooks

A. Owner of Untitled Lot (Stepwise)

LGE → relocation plan, intruded area, monuments.
Serve C&D + survey invite; preserve daily photos of ongoing works.
Barangay: standstill + joint survey commitment; get minutes.
Case filing: choose interdictal/publiciana/reivindicatoria; pair with TRO/WPI.
Parallel: start titling (if eligible); oppose neighbor’s registration; annotate tax records to reflect corrected area after LGE plan.

B. Settlement Options (Efficient Outcomes)

Boundary agreement (notarized) annexing LGE plan; both parties countersign monument sketches.
Strip sale or exchange; perpetual easement for eaves/drainage; or short-to-medium lease of the sliver with removal clause.
Cost-share for moving fences and reconstructing drainage.

XII. Evidence Kit (What to Bring to Barangay/Court)

LGE Report: plan, tech description, overlay, area table, monuments photos.
Possession file: tax dec/ORs, dated photos, affidavits of long-time neighbors, utility bills.
Intrusion log: photos with dates, materials delivered, workers on site, delivery receipts.
Notices: C&D letters, survey invitations (with proof of receipt), barangay minutes.
If gov’t: project plans, notices, minutes of ROW meetings, valuation papers.

XIII. Templates (Short-Form)

1) Cease-and-Desist + Joint Survey Notice

Subject: Boundary Encroachment – Demand to Cease Works & Join Joint Survey I possess [Lot/Tax Dec No., location]. Your [fence/footings/structure] intrudes by approx. [__] sq.m. per LGE sketch (Annex “A”). Cease new works and attend a joint relocation survey on [date/time] with [LGE name]. Pending results, maintain a 1-meter standstill from the disputed line.

2) Barangay Complaint

Complainant: [Name/Address] Respondent: [Neighbor] Cause: Encroachment on untitled lot. On [date], respondent built [works] beyond my boundary. Annexes: LGE sketch, photos, tax dec/ORs. Relief: (a) standstill; (b) joint survey; (c) removal or compensated adjustment based on final plan.

3) Complaint (Outline) – Accion Reivindicatoria with Injunction

Parties & properties (attach LGE plan).
Facts: possession history; boundary; intrusion; notices; failed barangay conciliation (certification annexed).
Causes of action: recovery of ownership/possession, injunction, damages.
Prayer: order to vacate/remove encroachment; TRO/WPI; damages; costs.

XIV. Courtroom Tactics

Put the LGE on the stand: method, control points, error margins; mark monument photos and field notes.
For interdictal suits, prove when/how entry occurred (force/threat/stealth).
To defeat good faith: show early notices and ignored survey invites.
For Art. 448 outcomes, propose equitable options (strip sale/lease/appropriation with indemnity).

XV. Do’s & Don’ts

Move fast on survey and 1-year ejectment windows.
Keep everything in writing with receive-copies.
Use barangay first (when required) to avoid dismissal.

Don’t

Self-help demolition (criminal/civil exposure).
Rely solely on tax declarations without technical proof.
Ignore A&D status—it can defeat prescription-based theories.
Let construction finish before seeking TRO/WPI.

XVI. Key Takeaways

In untitled-lot encroachments, survey accuracy and possession proof decide cases.
Sequence wins: C&D → LGE survey → Barangay → (TRO/WPI) → Proper action (interdictal/publiciana/reivindicatoria).
Builder good/bad faith (Art. 448) shapes remedies—document your notices.
If government encroaches, pivot to ROW/just compensation procedures.
Consider titling in parallel to harden your rights and prevent repeat conflicts.

This article is general legal information. For case-specific strategy (e.g., pleadings, valuation, or expropriation defenses), consult Philippine counsel and your LGE with the complete survey dossier and possession records.