Restrictions on Building, Common Encroachments, and Remedies

1) What “road right-of-way” means (and why it matters)

Road right-of-way (ROW) is the land area reserved for a road and its appurtenant public uses—carriageway, shoulders, sidewalks, planting strips, traffic islands, drainage, slopes, and space for road-widening and safety. In practice, ROW issues arise when private owners build into, fence off, or occupy areas that are legally or functionally part of the road corridor.

Two closely related concepts:

Road ROW / road reserve: the corridor legally set aside for road purposes (often shown in plans, subdivision approvals, highway maps, and sometimes annotated on titles).
Easements affecting road corridors: legal burdens on land for public passage or related public use (e.g., access roads, subdivision roads, certain utility corridors). Easements can also arise by law (e.g., water easements along rivers) and may overlap with road corridors.

A critical baseline rule in Philippine property law: roads intended for public use are generally treated as property of public dominion (property for public use). As a result:

They are outside commerce (not disposable like private property while devoted to public use),
They cannot generally be acquired by prescription (adverse possession) while still for public use, and
Private occupation is legally precarious, even if longstanding.

2) Governing legal framework (Philippine context)

ROW rules come from a blend of national statutes, local ordinances, and administrative regulations, commonly including:

Civil Code principles on property of public dominion, easements, nuisance, and obligations/damages.
Right-of-Way Act (RA 10752) for acquisition of ROW for national government infrastructure projects (negotiated sale, expropriation, easements, and procedures/compensation).
National Building Code (PD 1096) and its implementing rules, plus local building/zoning processes that control setbacks, building permits, and demolition/abatement of illegal structures.
Local Government Code (RA 7160) and local zoning ordinances / traffic ordinances regulating building lines, encroachments, and use of sidewalks/roads.
Road and highway laws and regulations administered by agencies like DPWH (national roads/bridges), and local governments (provincial/city/municipal/barangay roads).
Water Code of the Philippines (PD 1067) on legal easements along riverbanks, shorelines, and waterways—often relevant where roads run beside rivers/creeks/coasts.
Subdivision and condominium regulations (e.g., HLURB/DHSUD rules) that require roads/open spaces in developments and govern dedication to public use.

Because projects vary (national highways vs. local streets vs. subdivision roads), the controlling instruments usually include approved plans (parcellary survey, ROW plan, subdivision plan), title annotations, and local permits.

3) Who owns and controls road ROW

Road corridors may be controlled by different entities:

National roads/bridges: typically under DPWH’s jurisdiction for planning, widening, clearing, and regulation of obstructions.
Provincial/city/municipal roads: under the relevant LGU.
Barangay roads: under barangay/LGU authority.
Subdivision roads: commonly dedicated for public use as part of subdivision approval; until formal turnover/acceptance, management can be fact-specific, but the road area is ordinarily intended for public use under approved plans.

Practical takeaway: the enforcing authority depends on classification/jurisdiction, but the legal consequence of encroaching on a public road corridor is broadly similar: public use prevails.

4) How the ROW is identified (and why disputes happen)

Encroachment conflicts often stem from misaligned boundaries. Common sources of truth include:

TCT/OCT and technical description (metes and bounds), plus any annotations about road setbacks/ROW.
Approved subdivision plan and lot plan (often shows road lots).
Parcellary/ROW plan for national projects (DPWH).
Actual monuments on the ground (geodetic markers) verified by a licensed geodetic engineer.
Road centerline and stationing used in highway engineering plans.

Disputes typically arise when:

a fence or building was erected based on assumed boundaries (not a verified relocation survey),
the road was later widened or re-aligned, or
a “driveway/canopy/steps” was treated as harmless until enforcement.

5) Core restrictions on building near or within road ROW

A. Absolute rule: no private building inside the ROW

If an area is part of the road ROW (as legally established by plan, dedication, or acquisition), private structures are generally not allowed there—whether permanent (walls, rooms, extensions) or semi-permanent (awnings on posts, gates, fences, stalls) if they obstruct or appropriate the corridor.

Even if someone built “in good faith,” good faith does not legalize occupation of property devoted to public use.

B. Setbacks and building lines (outside the ROW but near it)

Even when building outside the ROW, construction must comply with:

Setback requirements under the National Building Code and local zoning (front yard/side yard, firewalls, projections).
Allowable projections (eaves, canopies, balconies) subject to strict limits and clearance rules; many LGUs disallow anything that effectively occupies sidewalk airspace or compromises pedestrian safety.

Because setback specifics are highly local (zoning + road classification), the consistent rule is: a building permit should be denied or conditioned if the plan intrudes into the ROW or violates required clearances.

C. “Harmless” intrusions that still count as encroachment

Frequent examples:

Fences/walls beyond the property line
Stairs/ramps protruding into sidewalk
Canopies/awnings supported by posts on sidewalk
Planter boxes, signage pylons, guardhouses
Gates that swing into the road or block sidewalk
Parking pads and curb cuts built without approval
Sari-sari store extensions or rolling shutters over sidewalk
Raised slabs covering drainage easements
Driveway expansions that eliminate sidewalk continuity

Many of these are treated as obstructions and/or nuisance when they interfere with passage, sightlines, drainage, or safety.

D. Temporary occupation is not a right

Even short-term uses (construction materials, dumpsters, events, roadside vending) generally require clear authority/permit and must keep safe passage. Without authority, they may be cleared as obstructions.

6) Utilities and “legal” uses within the road corridor

Road ROW is not only for vehicles. It often accommodates:

drainage and culverts,
sidewalks and bike facilities,
traffic control devices,
and public utilities (water lines, sewers, power, telecom).

But utilities typically need:

excavation/road-cut permits,
traffic management and restoration standards,
coordination with DPWH/LGU,
and compliance with safety/clearance rules.

A private individual cannot treat the ROW as free space for private benefit; utility occupancy is regulated and conditional.

7) Acquisition and clearing of ROW for public projects (RA 10752 overview)

For national government infrastructure, the ROW Act formalizes how land or easements are acquired. Common modes:

Negotiated sale (preferred)
Expropriation (eminent domain) if negotiations fail
Easement (where appropriate)
Donation (sometimes for local projects)

Key practical points:

Once the government lawfully acquires the needed strip (or deposits/undertakes steps allowed by law and rules), structures within the acquired corridor become subject to removal.
Compensation rules depend on whether the affected area is legally private property being acquired versus an area already legally part of public dominion (e.g., an existing road corridor).

8) Encroachment: legal characterization

Encroachment on a public road corridor is commonly framed as one or more of the following:

Unlawful occupation of property for public use
Obstruction of a public way (especially when it blocks or narrows passage)
Public nuisance / nuisance per se when it inherently interferes with public rights (passage, safety, drainage)
Building code violation (no permit, violation of permit, violation of setbacks/building line, illegal occupancy)
Local ordinance violations (sidewalk obstruction, vending, illegal parking-related structures)

This classification matters because it determines which remedy applies (administrative demolition vs. civil injunction vs. criminal/ordinance penalties).

9) Remedies against encroachment (what can be done, and by whom)

A. Administrative enforcement (most common)

Notice of violation / demand to remove Issued by the proper authority (LGU building official, engineering office, traffic/clearing unit, DPWH district office for national roads). Usually identifies:
- the encroaching portion,
- legal basis (ROW plan, ordinance, building code),
- deadline to comply.
Cease and desist / stoppage of work For ongoing construction intruding into ROW or violating building permit conditions.
Denial, suspension, or revocation of building permits/occupancy If plans misrepresent boundaries or actual build deviates into ROW.
Removal/demolition/clearing operations Encroachments may be removed to restore public passage. In principle, government action should observe due process (notice and opportunity to be heard), especially for substantial structures. However, obstructions that are clearly illegal and dangerous may be treated as subject to summary abatement under nuisance principles—though enforcement practice should still be careful because procedural defects can trigger liability.
Towing/impounding and confiscation (for movable obstructions) Often under traffic ordinances.

Where disputes arise: alleged lack of notice, wrong identification of boundary, selective enforcement, or whether the item is truly within ROW.

B. Civil remedies (courts)

Injunction (to stop construction or continuing obstruction)
Accion for abatement of nuisance
Recovery of possession (where appropriate for LGU/government)
Damages
- If a private party suffers special injury (e.g., access blocked), they may sue for damages/injunction.
- Government may seek damages for costs of removal/restoration in some situations.

Civil actions are common when:

the encroacher contests the boundary,
the structure is substantial,
or administrative clearing is challenged.

C. Criminal / ordinance-based liability

Depending on facts, liability may arise under:

Local ordinances penalizing obstruction/occupation of sidewalks, illegal structures, vending, etc.
Revised Penal Code nuisance/obstruction-related provisions in severe cases (e.g., malicious obstruction), though these are less commonly the primary tool compared with ordinances and administrative action.

D. Remedies during a national infrastructure project

Where ROW is being acquired for a project:

government proceeds under RA 10752 processes (negotiated sale/expropriation),
relocations and removals are handled within project frameworks,
disputes often focus on valuation/just compensation, eligibility for relocation assistance (for informal settlers), and timing of possession.

10) Encroachment vs. “tolerance”: why long occupation rarely cures it

A recurring misconception: “We’ve been there for decades, so it’s ours now.” For road corridors devoted to public use:

Prescription generally does not run against property of public dominion while devoted to public use.
Tolerance by officials does not usually create a vested private right to keep encroaching structures.
Estoppel against the government is applied narrowly, especially where public safety and public use are involved.

That said, fact patterns matter:

If the land was never validly dedicated/acquired as ROW and is actually private, then the issue becomes ordinary boundary/ownership or easement disputes.
If the government is expanding beyond the existing ROW, then acquisition/compensation issues arise.

11) Due process and enforcement limits

Even with strong authority to keep roads clear, enforcement is safer and more defensible when it follows these steps:

Accurate technical determination (survey/ROW plan confirmation)
Clear written notice identifying the encroachment and basis
Opportunity to respond (conference/hearing) especially for permanent structures
Reasonable compliance period (unless imminent danger/urgent obstruction)
Order of removal/demolition citing authority
Documented clearing and inventory (for movable items)
Coordination (DPWH-LGU-PNP where needed)

Failure points that often lead to legal challenges:

clearing the wrong area due to poor surveying,
lack of notice,
clearing beyond what is necessary for public passage,
inconsistent enforcement that appears arbitrary.

12) Special overlapping easements that commonly affect road corridors

A. Water easements (PD 1067, Water Code)

Along riverbanks and shorelines, the law recognizes easements for public use of specified width depending on land classification (commonly described as a 3/20/40-meter scheme in many references: smaller in urban areas, larger in agricultural/forest lands). These strips are generally intended for public passage, navigation, salvage, and related purposes, and structures are restricted.

When a road runs beside a creek/river/coast, you can have:

road ROW restrictions plus
water easement restrictions

Meaning: even if a structure is “outside the road pavement,” it may still be illegal if it sits on the legal easement.

B. Subdivision road dedications

Subdivision approvals typically require road lots and their dedication for common/public use. Encroachment issues arise when adjacent owners:

expand fences into the road lot,
convert road lots into private gardens/parking,
or build guardhouses/stalls that block public passage.

13) Common dispute scenarios and how they’re usually resolved

Scenario 1: A homeowner’s fence is “inside the sidewalk”

Key issue: true boundary vs. assumed boundary
Typical resolution: relocation survey + notice to remove; if clearly within ROW, removal ordered.

Scenario 2: A store built steps/awning over the sidewalk “for customers”

Key issue: obstruction and building code/zoning compliance
Typical resolution: administrative removal; sometimes fines and permit issues.

Scenario 3: The government widens the road; owner claims taking without compensation

Key issue: is the affected strip already legally ROW (public dominion), or newly taken private land?
Typical resolution: if newly taken, acquisition/compensation under expropriation/RA 10752 frameworks; if already ROW, removal without compensation for the encroaching portion is commonly asserted.

Scenario 4: A barangay road passes through titled land; owner claims it’s private

Key issue: dedication, public use, and historical access; whether a public road was lawfully created or an easement exists
Typical resolution: factual and documentary inquiry; may go to court for declaration/injunction depending on evidence.

14) Practical compliance checklist (for owners, builders, and buyers)

Before buying near a road: verify boundaries with a geodetic engineer; check for road widening plans and any ROW annotations.
Before building: confirm front boundary monuments; check zoning/building line requirements; ensure no projection into sidewalk/ROW.
If served a notice: obtain the cited ROW plan/ordinance basis, commission a relocation survey, and respond formally within deadlines.
Avoid “semi-permanent” shortcuts: steps, ramps, posts, canopy supports, fences—these are the most frequently cleared items.
Don’t rely on verbal assurances: clearance operations often change with policy priorities and safety campaigns.

15) Bottom line rules

No private structures within established road ROW.
Near-road construction must comply with setbacks/building lines and cannot project into public passage.
Encroachments are treated as obstructions/nuisances and are typically removable through administrative action, backed by civil remedies when contested.
Long occupation rarely legalizes intrusion into property devoted to public use.
Correct surveying and procedural fairness (notice/opportunity to respond) are pivotal in both enforcement and defense.