Short take: In the Philippines, an owner generally has the right to fence their land to mark boundaries and exclude others—but that right is bounded by the Civil Code, the National Building Code, the Water Code, local zoning ordinances, and existing easements. If someone encroaches, you can resort to barangay conciliation and, if needed, civil or criminal remedies. Below is a practical, everything-you-need guide.

1) Core Legal Foundations

A. Attributes of Ownership (Civil Code)

Art. 428: Ownership includes the right to enjoy and dispose of a thing without other limitations than those established by law; it carries the right to exclude others.
Art. 429 (Self-help): An owner or lawful possessor may repel unlawful interference with property with such force as may be reasonably necessary—but this is for immediate disturbance only and not a license for vigilantism. Longer disputes go to the barangay or courts.

B. Possession & Protection

Interdictal remedies (Rule 70, Forcible Entry/Unlawful Detainer): Summary actions to restore possession when you are dispossessed or a tolerated occupant overstays. Must be filed within one year from dispossession or demand.
Acción reivindicatoria / publiciana / quieting of title: Ordinary civil actions to recover ownership, recover possession based on better title, or settle doubts/claims on title when boundaries or rights are contested.

C. Encroachment & Builders in (Good/Bad) Faith (Civil Code)

Arts. 449–455: If a neighbor builds on your land:
- Builder in bad faith: You may demand removal at their expense or appropriate the improvement without payment (plus damages).
- Builder in good faith: You may appropriate after paying necessary/useful expenses or compel removal if this does not cause disproportionate damage; equity applies.
Art. 19/20/21: General standards on abuse of rights and liability for damages if conduct is willful or negligent.

2) The Right to Fence: Scope & Limits

A. What You Can Generally Do

Build a fence, wall, or gate inside your titled boundaries (or within lawfully possessed land) to demarcate and secure your property.
Use reasonable materials and a design compliant with codes and LGU rules.
Maintain and repair your fence; remove portions that become unsafe or unlawful.

B. Legal Limits You Must Respect

Easements/Servitudes (Civil Code)
- Right of way: If your lot is landlocked, you may claim passage over neighbors upon payment of proper indemnity; conversely, your fence cannot block an existing legal servitude.
- Light and view: Distances and openings near boundaries may be regulated; building against party walls has rules.
- Drainage and natural watercourse: You can’t fence in a way that obstructs natural drainage or diverts stormwater unreasonably onto neighbors.
- Party walls/median walls: A boundary wall may be common (co-owned) by legal presumption in certain cases; alterations require consent or compliance with law.
Water Code (PD 1067) – Riparian/Salvage Easements
- Along rivers, streams, and shores, there is a statutory easement of public use: typically 3 meters in urban, 20 meters in agricultural, and 40 meters in forest areas measured from the bank. Fences may not privatize or obstruct these strips.
National Building Code (PD 1096) & IRR
- Fences/walls require a Building Permit (often a Fence Permit) before construction (with plans signed/sealed by a licensed professional when required).
- Height, footing, and structural rules apply; retaining walls face additional structural requirements.
- Setbacks and corner sight-triangle rules (visibility at street intersections) can restrict height/opacity near corners and driveways.
Local Zoning & Subdivision/HOA Rules
- LGU zoning ordinances may set: maximum fence heights (e.g., front yard lower than side/rear), transparency percentages (e.g., grills vs. solid), and materials limitations.
- HOA/Developer restrictions (DHSUD-regulated subdivisions/condos) may add aesthetic or uniformity rules and review processes.
Road Right-of-Way & Government Reservations
- You cannot fence within public RROW or government-reserved strips (e.g., public road widening reservations). Validate the road lot line before fencing.

3) Proving and Protecting Boundaries

A. Establishing the Line

Title & technical description: Get your TCT/OTC/CCT and the lot plan with bearings and distances.
Relocation/Verification Survey: Hire a Licensed Geodetic Engineer (LGE) to relocate monuments (mojons) and stake lines. This is the gold standard to avoid disputes.
Coordinate with neighbors: Ask the LGE to have neighbors sign the relocation sketch acknowledging boundary markers.

B. Documentation to Keep

Certified copies of title and tax declaration.
Approved survey plan and relocation report (with coordinates, sketches, photos of monuments).
Fence permit and approved drawings; receipts.
Barangay minutes or settlement agreements, if any.

4) Practical Compliance Checklist (Before You Build)

Title check: Confirm you are the registered owner or authorized possessor.
Hire an LGE: Conduct a relocation survey; set mojons precisely.
Check constraints:
- Easements (Water Code strips, right of way, drainage).
- Setbacks and height limits in zoning/NBC.
- HOA/Developer guidelines (if applicable).
Secure permits: Apply for a Fence/Building Permit from the Office of the Building Official (OBO); include plans/specs, lot plan, and barangay clearance.
Give neighbor notice (courtesy, sometimes required by HOA); share the relocation sketch if helpful.
Build per approved plans; keep construction inside the staked line.
Maintain: Ensure structural integrity and compliance over time.

5) What If Your Neighbor Encroaches?

A. Early, Low-Conflict Steps

Gather evidence: Photos, LGE relocation survey, titles.
Demand letter: A polite written demand asking to cease, remove, or realign within a set period.
Barangay Conciliation: For disputes between residents of the same city/municipality, bring the matter to the Lupong Tagapamayapa (Katarungang Pambarangay under the Local Government Code) before filing most civil actions. A Certification to File Action is issued if unresolved.

B. Civil Actions (choose what fits your facts)

Forcible Entry (within 1 year from dispossession by force/stealth/strategy): Quick possession remedy; fence built intrusively may qualify.
Unlawful Detainer (within 1 year from demand): For occupants who overstayed after your tolerance ended.
Acción reivindicatoria / publiciana: To recover ownership/possession when the issue is title or when more than one year has passed.
Quieting of Title: If the dispute is about clouds/doubts on boundary or title instruments.
Injunction (preliminary/permanent): To stop ongoing encroachment or construction pending resolution.
Damages: Under Arts. 19/20/21 for abuse or negligence; also rentals/mesne profits for use of your land.

C. Builders in Bad Faith vs. Good Faith

If evidence shows bad faith (they knew or were warned they were building on your land), you can demand demolition at their cost and/or appropriate the structure without paying (plus damages).
If good faith is plausible (honest mistake), courts often apply equity: you may have to indemnify if you wish to keep the improvement; otherwise, removal may proceed subject to fairness and proportionality.

D. Criminal Angles (use sparingly)

Malicious mischief or related offenses may apply if there’s willful damage; but many fence/boundary conflicts are best resolved civilly.

6) Special Situations

Shared/party walls: If a boundary wall is common, you can’t unilaterally raise or modify it in ways that prejudice the other co-owner; cost-sharing rules may apply.
Retaining walls: If a lot is higher/lower, the duty to provide lateral support can affect who builds/pays and how tall/strong the wall must be.
Corner lots: Expect stricter sightline and height/opacity limits near intersections and driveways.
Agricultural/fishpond/foreshore: Expect broader easements and public use constraints near waterways or foreshore; confirm alienable/disposable status and DENR permissions where relevant.
Condominiums: Unit owners can fence off exclusive use open areas only if allowed by the Master Deed/by-laws and local codes; common areas are regulated by the condo corp.

7) Defending Your Right Without Overstepping

Don’t block legal easements (public or private) with a fence.
Don’t “self-help” demolish your neighbor’s structure outside immediate, unlawful, and present interference; use barangay/courts to avoid liability.
Don’t build over the line “by a little bit”—even small encroachments can be ordered removed.
Do act promptly: Delay can complicate remedies (prescription, laches, equities of the case).

8) Step-by-Step Playbook (If You’re About to Fence)

Commission an LGE for a relocation survey; plant visible mojons.
Review constraints (easements, setbacks, HOA rules).
Prepare plans (showing height, materials, footing, drains) and apply for Fence Permit at the OBO (+ barangay clearance).
Notify adjacent owners (good practice; sometimes required by HOA).
Build strictly within staked lines; photodocument progress.
Keep records: permits, plans, survey, receipts—these are your proof-pack if accused of encroachment.

9) Step-by-Step Playbook (If You’re Facing Encroachment)

Stop oral arguments; document with photos/video and call an LGE to stake the true line.
Send a formal demand enclosing the relocation sketch; propose a compliance deadline.
Barangay: File for conciliation; aim for a written amicable settlement (can be enforced).
Court:
- Within 1 year and possession is disturbed: Forcible Entry/Unlawful Detainer.
- Otherwise: Reivindicatoria/Publiciana, with injunction to stop construction.
- Invoke bad-faith builder rules if facts fit; claim damages and attorney’s fees where appropriate.

10) Frequently Asked Questions

Q: Do I always need a permit to build a fence? Typically, yes—most LGUs require a Fence/Building Permit. Even low masonry walls or grillwork usually need one. Some minor, low open fences may be exempt in practice, but don’t assume—check with the OBO.

Q: How high can my fence be? Depends on local zoning and corner sightlines. Common patterns: front fences are lower or partially open; side/rear can be higher. Always verify with your LGU.

Q: My property borders a creek/river—can I fence to the waterline? Not usually. You must leave the easement strip (commonly 3m/20m/40m depending on area classification). Fencing that claims the easement as private space can be unlawful.

Q: Neighbor says there’s a historic “footpath” across my lot. If it’s a legal easement or public road/right-of-way, you can’t block it. Otherwise, mere custom doesn’t trump title; ask for legal basis and get a survey.

Q: Can I put spikes or barbed wire? Often allowed on top of walls (security), but some LGUs/HOAs restrict hazardous designs, especially along public frontages and school zones. Safety and nuisance principles apply.

Q: The neighbor’s fence leans onto my side. Document with an LGE report; demand rectification. If not resolved, go to barangay then court; seek injunction and damages.

11) Smart Tips

Survey first, build once. A relocation survey is cheaper than litigation.
Design for drainage. Don’t trap stormwater on neighbors; add weep holes/drains.
Mind utilities. Check for buried cables/pipes and utility easements before footing work.
Be courteous. A heads-up to neighbors and a visible mojon avoids 80% of fights.
Act quickly on encroachments—time can complicate remedies.

12) Final Word

Fencing is a lawful exercise of ownership when done inside your boundaries and within legal limits. The safest path is to prove the line (LGE), pull permits (OBO), respect easements, and keep records. If someone crosses into your land—or claims you crossed into theirs—document, conciliate, then litigate if needed, using the appropriate civil actions and, where warranted, the Civil Code rules on builders and damages.

This overview is informational and not a substitute for tailored legal advice. For live disputes, consult counsel with your title, survey, and notices in hand.