A practical legal article in Philippine context (property rights, building-permit enforcement, and remedies for encroachment).

1) The situation in plain terms

There are two overlapping problems when a neighbor builds on your property “without a permit”:

Encroachment / trespass on your land (a private property dispute)
- This is about who owns which portion of land and whether someone built beyond their boundary.
Construction without the required building permit (a public regulatory violation)
- This is about compliance with the National Building Code and local government rules enforced by the Office of the Building Official (OBO) (often under the City/Municipal Engineering Office).

These two issues are related, but one does not automatically solve the other. A neighbor can be permit-compliant and still be encroaching, and a neighbor can be permit-violating but building entirely within their own lot.

2) Confirm first: is it really your property?

Before escalating, you need to reduce the risk that this becomes a costly boundary fight.

Key documents to check

TCT/CCT (Transfer Certificate of Title / Condominium Certificate of Title)
- If your land is Torrens-titled, boundaries are based on the technical description and the approved survey plan on record.
Tax Declaration
- Useful background, but not conclusive proof of ownership by itself.
Lot plan / subdivision plan / approved survey plan
Existing boundary monuments (markers) and fences (not always accurate)

Best practice: get a licensed geodetic engineer

If the encroachment is not obvious, commission a relocation survey by a licensed geodetic engineer. A professional survey helps you:

identify the true boundary based on technical descriptions,
avoid accusing someone wrongly, and
support your complaint to the barangay, OBO, or court.

Tip: Many disputes start from old fences that were placed incorrectly years ago. A survey is often the difference between a quick settlement and a multi-year case.

3) Act fast: why timing matters

If construction is ongoing, delay can make it harder (and more expensive) to undo:

concrete foundations,
columns, beams,
retaining walls,
roofing overhangs, eaves, gutters,
footings that extend underground.

Also, if you wait too long, the neighbor may claim you tolerated it or may attempt to pressure you into a settlement. Your rights don’t vanish quickly just because you delayed—but practically, early action prevents “fait accompli” situations.

4) Immediate steps (do these now)

Step 1: Document everything

Create a clear record:

dated photos and videos (wide and close-up),
shots showing the relation to fences/markers,
measurements if safe and possible,
witnesses (neighbors, barangay tanod observations),
receipts/communications with the neighbor or workers,
copies of your title and any survey plan.

Step 2: Verify permit status at the city/municipality

Go to the Office of the Building Official (OBO) or City/Municipal Engineer’s Office and ask if there is:

a building permit issued for that address/lot,
approved plans,
a building permit posted at the site (usually required to be displayed).

If there’s no permit, you can request enforcement action (Stop-Work / Notice of Violation).

Step 3: Give a written demand to stop encroachment

A calm but firm written demand letter helps establish that:

you did not consent,
you are asserting your rights,
you are giving a chance to correct before filing cases.

Deliver it with proof:

personal service with acknowledgement,
registered mail/courier, and/or
barangay-assisted service.

Address it to: the neighbor/owner, and copy the contractor/foreman if known.

Step 4: Consider barangay conciliation (often required)

For many disputes between residents in the same city/municipality, the Katarungang Pambarangay process typically applies before going to court (subject to exceptions). This can result in:

an amicable settlement,
a written undertaking to stop/remove,
or a certificate allowing you to file a case if settlement fails.

Even when you plan court action, barangay documentation can support urgency and good faith.

5) Reporting the “no building permit” issue (National Building Code enforcement)

What local government can do

If construction is without a permit or violates approved plans, the OBO may:

issue a Notice of Violation,
issue a Stop-Work Order,
require the owner to secure permits and comply,
impose administrative penalties/fines,
order correction, and in serious/illegal cases, proceed toward demolition through proper process.

Important limitation

Building officials typically enforce code compliance, but they do not finally decide land ownership. They may act on obvious encroachments affecting setbacks/rights-of-way, but boundary ownership disputes often still require settlement or court determination.

That said, if the structure is clearly on your lot (supported by survey), presenting that to the OBO can strengthen the case for stoppage while the property dispute is being resolved.

6) The core private-law issue: “They built on my land” (Civil Code)

Philippine law has detailed rules on what happens when someone builds on land owned by another—especially depending on good faith vs bad faith.

A. Builder in good faith (common scenario)

A builder is generally considered in good faith if they honestly believed they owned the land or had the right to build there (often due to boundary mistake).

Under the Civil Code rules on accession (commonly discussed around Articles 448 and related provisions), the landowner generally has options, typically including:

Appropriate the improvement (treat the building as yours) upon paying indemnity as required by law; or
Compel the builder to purchase the portion of land where the building stands, unless the land’s value is substantially greater than the improvement—in which case arrangements such as rent/lease may apply as the law provides.

Practical note: Courts often push parties toward a fair economic solution when the encroachment was truly accidental and removal is disproportionate.

B. Builder in bad faith (more serious)

Bad faith may exist if the neighbor:

knew the boundary was disputed,
was warned and continued anyway,
refused survey verification,
intentionally “grabbed” a strip of land,
forged/used dubious documents.

If the builder is in bad faith, the landowner’s remedies are generally stronger—often including:

demand for removal/demolition at the builder’s expense, and
damages.

C. Good faith vs bad faith is evidence-driven

Bad faith is not assumed automatically. Your documentation matters:

your written demand to stop,
proof they were informed,
survey results shown to them,
barangay records.

Once they are clearly notified and still proceed, it becomes easier to argue bad faith from that point onward.

7) Court remedies you can use (and when)

A. If you need an urgent stop to ongoing construction

You can file a case seeking injunctive relief:

Temporary Restraining Order (TRO)
Preliminary Injunction

This is used when:

construction is actively continuing,
damage is irreparable or hard to quantify,
there is a clear right to be protected (strong proof of ownership/boundary).

Reality check: Courts require persuasive evidence and usually expect that you’re not just speculating about the boundary—this is where a relocation survey helps.

B. If the goal is to remove them from your property

Depending on the facts, common actions include:

Ejectment (forcible entry / unlawful detainer) cases (summary proceedings)
- Typically used when someone took possession or is unlawfully withholding it.
- These cases focus on possession, not ultimate ownership, although titles may be used to show better right to possess.
Accion reivindicatoria (recovery of ownership)
- Used when ownership and recovery of property are directly in issue.
Accion publiciana (recovery of possession when dispossession is longer or not fitting ejectment timelines)

Which one fits depends on how the encroachment occurred, the timeline, and what exactly you’re trying to recover (a strip of land vs an area occupied).

C. Damages

You may claim:

actual damages (e.g., survey costs, repair, loss of use),
moral damages (in proper cases),
exemplary damages (often where bad faith is shown),
attorney’s fees (when allowed).

8) Possible criminal angles (use carefully)

Some situations may involve criminal offenses, but criminal complaints should be approached strategically because they can escalate conflict and still won’t automatically fix boundaries.

Possible criminal concepts people raise include:

trespass (entering property without permission),
malicious mischief (if they damaged your fence/markers),
other offenses depending on acts committed.

In practice, many property-line disputes remain primarily civil/administrative unless there is clear intentional wrongdoing.

9) Common “encroachment patterns” people miss

Encroachment isn’t only a wall sitting on your lot. Watch for:

footings/foundations extending under your land,
eaves/roof overhangs, gutters draining into your property,
balconies, awnings, canopy posts,
retaining walls creeping across the line,
setback violations that effectively occupy your space,
blocking easements/right-of-way.

A good survey and site inspection should check both above-ground and likely below-ground projections.

10) Settlement options (often the fastest outcome)

Litigation is slow and expensive. Many disputes settle if both sides are rational.

Possible settlement structures:

Removal and restoration by a deadline (with penalties for delay)
Sale of the encroached portion at a fair price
Lease/rent for the occupied strip (temporary or long-term)
Boundary adjustment / re-survey with proper documentation
Easement agreement (limited use, carefully drafted)

If you settle, insist on:

a written agreement with clear measurements (survey-based),
who pays what,
deadlines,
restoration obligations,
dispute-resolution clause,
notarization (and where appropriate, registration/annotation).

11) What NOT to do

To protect yourself legally:

Don’t physically demolish or damage their structure yourself (can backfire).
Don’t threaten workers or cause disturbance.
Don’t rely only on barangay “verbal” rulings—get documentation.
Don’t assume the fence line equals the property line.
Don’t accept “we’ll fix it later” without a signed timeline.

12) A realistic enforcement roadmap (most effective sequence)

Here’s a strong, practical progression that works in many cases:

Collect evidence (photos/videos + documents).
Confirm your boundary (relocation survey if needed).
Check permit status with OBO.
Send written demand to stop + propose survey verification.
File complaint with OBO for no permit / violations → seek Stop-Work.
Barangay conciliation (document everything).
If still unresolved: court action (injunction + appropriate civil case), plus damages when justified.

13) When you should consult a lawyer immediately

Get legal help early if:

construction is rapidly progressing (pouring concrete, finishing works),
the encroachment is significant or involves a valuable structure,
the neighbor is hostile or politically connected,
you received a counterclaim that you are encroaching,
there’s a boundary overlap issue in titles/surveys,
you need a TRO/injunction fast.

A lawyer can also coordinate with your geodetic engineer so that the survey outputs are usable in filings.

14) Quick checklist (copy/paste)

Copy of your TCT/CCT and tax declaration
Latest lot plan / technical description
Photos/videos with dates
Relocation survey scheduled or completed
OBO permit verification done
Written demand letter served with proof
Barangay complaint filed / minutes recorded
If ongoing: prepare injunction/TRO strategy with counsel

Final note (important)

A missing building permit is a strong lever to stop work, but the heart of your problem is the property boundary and your right to exclude others. The fastest wins usually come from (1) survey-based certainty, (2) paper trail, and (3) parallel action: administrative enforcement (permit) + dispute resolution (barangay/court).

If you want, paste:

the kind of structure (fence/wall/house extension),
whether you have a title,
and whether a survey already exists, and I’ll tailor a step-by-step plan and a demand-letter template specifically for your situation.