Dear Atty. Peachy,

Approximately nine years ago, my parents permitted our neighbor to use a section of our land for vegetable cultivation, done purely out of kindness and without any formal agreement. Recently, our neighbor has begun asserting that he owns the land, citing his long-term cultivation as the basis for his claim. He has also referred to “ownership through long possession.”

This development has taken us by surprise, as our intention was never to transfer ownership but merely to allow him temporary use. Additionally, we did not receive any compensation for this arrangement.

Can our neighbor legally assert ownership of the land? Does long-term use automatically grant him rights to the property? What actions can we take to secure our ownership?

Thank you and we look forward to your advice.

Best regards.

Elena

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Dear Elena,

Your situation is quite common, particularly in rural areas where land use agreements are often informal and based on trust.

In Philippine law, it seems your neighbor is referencing the concept of acquisitive prescription, which allows for ownership acquisition through continuous possession over time. However, not all forms of possession lead to ownership.

For acquisitive prescription to be valid, possession must occur under the belief of ownership, meaning the person using the land must act as if they hold rightful ownership, rather than simply being permitted by the true owner. You noted that your parents allowed the neighbor to use the land out of goodwill, indicating that his possession was tolerated and not adverse to your ownership rights.

Possession based on tolerance does not convert into ownership, regardless of how long it lasts. Philippine legal precedents consistently affirm that such possession cannot establish a claim for acquisitive prescription unless there has been a clear rejection of the owner’s rights, which must be communicated to the owner.

Furthermore, for ordinary acquisitive prescription of immovable property, the law stipulates that possession must be in good faith and with just title for at least 10 years. For extraordinary prescription, the possession must be uninterrupted for 30 years, regardless of good faith or title; however, it must also be adverse, not simply permitted.

Based on your description, your neighbor’s claim is weak since his initial use of the land was allowed by your family. Unless he can demonstrate that he clearly and openly claimed ownership against you — and that you were aware of this claim — his possession does not satisfy the legal criteria.

To protect your rights, consider these steps:

1. Formally request that your neighbor vacate the property in writing.

2. If he refuses, you may initiate an ejectment action in the appropriate court.

3. Ensure your ownership documents, such as land titles or tax declarations, are current and secure.

This situation underscores the importance of formalizing even informal agreements to prevent future misunderstandings.

Atty. Peachy Selda-Gregorio