Illegal construction on your land is both a property rights violation and often a building/regulatory violation. In the Philippines, the fastest and most effective outcome usually comes from using two tracks at once:

Administrative enforcement (to stop construction quickly), and
Civil remedies (to recover possession, remove the encroachment, and claim damages).

This article covers the practical steps, legal bases, court actions, and “what happens next” scenarios—especially when someone builds on your lot boundary or inside your titled property.

1) Key Concepts: What Exactly Is Happening?

A. “Encroachment” (boundary intrusion)

This is when a structure crosses into your property—even by inches—such as:

a wall, fence, footing, column, eaves/roof overhang, balcony
a driveway slab, septic tank, or retaining wall
a building that violates setbacks and ends up inside your lot

Encroachment can be partial (portion only) or total (whole structure on your land).

B. “Illegal construction”

A build can be “illegal” even if it is on the builder’s land if they lack:

a building permit,
zoning/locational clearance,
or compliance with the National Building Code and local ordinances.

If it’s on your lot and also lacks permits, you may stop it faster through the Office of the Building Official (OBO) and zoning office.

C. “Builder in good faith” vs “bad faith”

Philippine law distinguishes:

Good faith: the builder honestly believed they owned the land or had the right to build.
Bad faith: they knew (or were warned) it wasn’t theirs, yet continued.

This matters because the Civil Code gives different consequences depending on good or bad faith.

2) The Essential First Move: Confirm the Boundary and Evidence

Before firing legal “big guns,” make sure you can prove the encroachment with credible documents. Many cases are lost not because the owner is wrong, but because proof is weak.

A. Gather ownership and technical documents

TCT/OCT (owner’s duplicate if possible; certified true copy from the Registry of Deeds if needed)
Tax declaration and latest tax receipts (supporting evidence, not proof of title)
Lot plan / subdivision plan and technical description on the title
Any prior relocation survey or geodetic report

B. Commission a relocation survey (highly recommended)

Hire a licensed Geodetic Engineer to conduct a relocation survey and produce:

a relocation plan showing boundaries and improvements,
encroachment measurement,
monument/bearing references,
photos, coordinates, and narrative findings.

Practical tip: In boundary/building disputes, a licensed geodetic survey is often the difference between “credible proof” and “he said, she said.”

C. Document the ongoing construction

dated photos/videos (wide + close-up)
drone shots if available
affidavits of witnesses (neighbors, workers who admit instructions, barangay tanod)
copies of permits posted on-site (or evidence of no permit posted)

3) Immediate Non-Court Measures That Often Stop Construction Fast

A. Send a written demand / cease-and-desist (and serve it properly)

A demand letter serves three big purposes:

It puts them on notice, making continued building more likely to be treated as bad faith.
It supports requests for a TRO/injunction later.
It strengthens claims for damages.

Deliver by:

personal service with acknowledgment, and/or
registered mail/courier with proof, and/or
barangay service/incident blotter noting receipt/refusal.

Include:

your title details,
survey findings (or “pending survey but prima facie encroachment”),
clear demand to stop work and remove intrusion,
deadline,
warning of administrative complaints + court action.

B. Go to the Office of the Building Official (OBO) for a Stop-Work / Notice of Violation

Under the National Building Code (PD 1096) framework (and local enforcement), the OBO can act against:

construction without permits,
violations of setbacks / encroachments,
dangerous/illegal building activity.

What to file:

a complaint/request for inspection,
copy of your title + survey + photos,
location details and the nature of encroachment/permit violation.

Possible outputs (depending on findings and due process):

inspection, notice of violation, and stop-work order
requirement to present permits
eventual administrative action that may include demolition order for illegal structures (subject to procedure)

Why this matters:

OBO action can slow/stop work without waiting for a full-blown civil case.

C. Zoning/Locational Clearance and Setback Violations

Even if they have a building permit, they may lack:

locational clearance or violate zoning and setbacks.

File with:

City/Municipal Planning and Development Office (or zoning office).

D. Barangay dispute process (Katarungang Pambarangay)

For many property disputes between residents of the same city/municipality, barangay conciliation is often required before court cases (especially civil actions), unless an exception applies.

What you get:

settlement, or
Certification to File Action (CFA) if no settlement.

Important exceptions (practical):

When you need urgent court relief like a TRO/injunction, you may proceed to court under recognized exceptions; still, many owners do barangay first if time allows.

4) Court Remedies: Choosing the Correct Case (This Is Crucial)

In Philippine practice, picking the wrong cause of action wastes months.

A. If you were deprived of possession recently: Forcible Entry (Ejectment)

Use when: someone entered/occupied your land through force, intimidation, stealth, strategy, or without permission—and you file within the required period from dispossession (commonly treated as a one-year rule in ejectment practice).

Where filed: MTC/MeTC/MCTC (first level courts)

Goal: recover physical possession quickly.

Why it’s powerful:

it’s summary procedure (faster than ordinary civil cases),
court can order them to vacate/remove.

B. If more time has passed or you were not “forcibly” dispossessed: Accion Publiciana

Use when: recovery of the better right of possession when ejectment is no longer timely/appropriate.

Where filed: usually RTC (depending on allegations and rules)

C. If the core issue is ownership and you want recovery based on title: Accion Reivindicatoria

Use when: you want judicial declaration of ownership and recovery of possession (and removal of encroachment).

Where filed: typically RTC.

D. If the dispute is really “whose title/boundary is correct”: Quieting of Title / Boundary disputes

Use when: overlapping titles, conflicting technical descriptions, or clouds on title are the main issue.

This can accompany reivindicatoria or be its own action depending on facts.

5) Injunction and TRO: The Main Tool to Stop Ongoing Construction Through Court

If they keep building, you typically seek:

Temporary Restraining Order (TRO) (urgent short-term stop), and/or
Writ of Preliminary Injunction (stop until the case is resolved).

Courts look for:

a clear and unmistakable right (your title/survey),
a material invasion of that right,
urgency/irreparable injury (construction progressing),
and lack of adequate remedy at law (money later won’t restore land cleanly).

Pairing strategy:

File the main case (ejectment/publiciana/reivindicatoria) plus an application for TRO/injunction if construction is continuing.

6) The Civil Code “Builder on the Land of Another” Rules (The Heart of Many Outcomes)

When someone builds on land they do not own, Philippine Civil Code rules on builders, planters, and sowers apply (commonly discussed under Articles 448–455, among related provisions).

A. If the builder is in good faith

General idea:

The law tries to balance fairness.
The landowner often has options that may involve indemnity (payment for useful improvements), or compelling certain transactions, depending on circumstances.

B. If the builder is in bad faith

This is where your demand letter and proof of notice matter.

Common consequences in bad faith scenarios:

The landowner can typically demand removal/demolition at the builder’s expense;
The landowner may claim damages;
Courts are less sympathetic to reimbursement claims by the builder.

Practical point: Once you’ve clearly warned them and they continue, it becomes much harder for them to claim good faith.

C. Partial encroachment (only a portion crosses)

Courts often order:

removal of the encroaching portion,
restoration of boundaries,
damages/rentals (depending on proof),
and sometimes equitable solutions when facts are complex (but bad faith strongly supports removal).

7) Damages You May Claim

Depending on proof, you may claim:

Actual damages: costs of survey, repairs, legal notices, property damage
Compensation for use/occupation: “reasonable rent” or value of use
Moral damages: in proper cases (not automatic; must be justified)
Exemplary damages: if bad faith/wanton conduct is shown
Attorney’s fees: when allowed by law or equity, typically requiring justification

Keep receipts, invoices, and a log of events.

8) Criminal Angles (Selective, Fact-Dependent)

Not every encroachment is criminal, but some fact patterns support criminal complaints, such as:

Occupation/usurpation of real property or real rights (Revised Penal Code concepts)
Malicious mischief (if they damaged your fence/markers/structures)
Grave threats/coercion (if intimidation is used)

Criminal complaints can add pressure, but filing criminal cases without solid factual basis can backfire. Use when facts clearly fit.

9) Administrative and Registry Remedies to Protect Your Title While the Case Is Ongoing

A. Annotation remedies at the Registry of Deeds

To warn third parties and protect against transfers while litigating, owners often consider:

Lis pendens (notice of pending litigation) when a case affecting title/possession is filed
Adverse claim in some situations (fact-specific)

These can prevent “sale to an innocent buyer” narratives from complicating enforcement.

B. If the encroacher tries to “paper over” the issue

Watch for:

sudden transfer/sale,
fabricated right-of-way claims,
fabricated leases/permissions.

Timely annotations and court action reduce these risks.

10) Special Situations

A. Encroachment by roof eaves, balconies, or overhangs

Even if the wall is on their side, projections that intrude into your airspace can be actionable. Also check building code setback rules; the OBO may treat this as a violation.

B. Encroachment involving easements (Civil Code)

Common easements that get violated:

legal easements along waterways,
road setbacks,
right-of-way disputes,
party wall/fence issues.

Easement analysis can change what remedies are available.

C. Informal settlers / demolition and eviction sensitivities

If the occupant qualifies as an informal settler under social legislation contexts, removals can involve additional procedural safeguards (not a free pass to occupy private land, but enforcement can be more procedurally demanding). Early lawful action is crucial.

D. Overlapping titles / technical description conflicts

If both parties have titles and surveys conflict:

a technical battle begins (geodetic evidence, original survey records, approvals, mother title tracing). This is where quieting of title/reconveyance-type strategies may become relevant, and injunction becomes essential to stop irreversible changes.

11) What You Should Not Do (Common Mistakes)

Do not self-demolish their structure without lawful authority. Even if it’s on your land, self-help demolition can expose you to criminal/civil liability.
Do not rely solely on tax declarations—title and technical description matter most.
Do not delay while construction finishes. Courts and OBO actions are most effective while work is ongoing.
Do not skip the survey if the dispute is boundary-based. Visual impressions are rarely enough.

12) A Practical Action Plan (Best Practice Sequence)

Step 1: Evidence + boundary confirmation

Title + documents
relocation survey
photos/videos

Step 2: Written notice (build a “bad faith” record)

demand to stop and remove
proof of service

Step 3: Administrative stop

file with OBO for inspection/stop-work
file zoning/locational complaint if applicable

Step 4: Barangay conciliation (when required/strategic)

attempt settlement, get CFA if needed

Step 5: Court case + urgent relief

choose correct action: forcible entry / publiciana / reivindicatoria
apply for TRO/preliminary injunction if construction continues
seek demolition/removal and damages as warranted

Step 6: Protect title during litigation

consider lis pendens/adverse claim when proper

13) What Outcomes to Expect

Depending on facts, common outcomes include:

immediate stop-work through OBO or TRO
court order recognizing your right to possess/own
removal of encroachment (partial demolition) and restoration
damages (rentals, costs, sometimes exemplary/attorney’s fees)
in complex cases, court-supervised equitable solutions—but bad faith heavily favors removal and damages

14) Quick Checklist: What to Bring When Seeking Help

Certified true copy of TCT/OCT
Latest tax declaration and receipts
Relocation survey report and plan
Photos/videos with dates
Copy of demand letter + proof of service
Any permits they posted (photo)
Barangay blotter entries / incident reports (if any)

15) Final Notes (Practical, Not Just Legal)

Encroachment disputes become dramatically harder once:

the building is finished,
utilities are connected,
or the property gets transferred.

The winning strategy is usually speed + proof: a solid relocation survey, clear written notice, and immediate administrative and/or court action to stop ongoing construction before it becomes “fait accompli.”

If you want, paste the facts of your situation (type of property, how big the encroachment, whether construction is ongoing, whether they have a permit, and when you discovered it), and a step-by-step action plan can be mapped to the most likely correct remedies and sequence.