Boundaries

Dear Atty. Peachy,

My family has owned and occupied our residential lot for more than 22 years. Last year, our neighbor began constructing a substantial extension to her house along the side of our shared boundary line. Because we became concerned about how close the new structure appeared to be, we engaged a licensed geodetic engineer to conduct a relocation survey. To our surprise, the survey indicated that a portion of our neighbor’s newly constructed extension appears to encroach onto our property by several square meters.

After receiving the survey results, we immediately brought the matter to our neighbor’s attention and requested that she review the findings. She dismissed our concerns, insisting that the encroachment, if any, is insignificant and should simply be tolerated. She further claimed that since the construction is nearly complete and considerable money has already been spent on the project, the structure has effectively become permanent. According to her, we should have objected earlier while construction was still ongoing, and it is now too late to challenge the extension.

We are uncertain about our rights under the law. Are landowners legally required to tolerate an encroachment simply because the building has already been constructed? Does the fact that we did not discover the encroachment until after most of the structure was completed affect our rights? What legal remedies may be available to a property owner whose land has been partially occupied by a neighbor’s building?

Patricia

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Dear Patricia,

The mere completion of an encroaching structure does not deprive a landowner of the legal protection afforded to his or her property rights. A neighbor cannot acquire ownership or lawful possession of another person’s land simply by constructing a building upon it and then arguing that the work is already finished.

If competent evidence, such as a survey conducted by a licensed geodetic engineer, establishes that any portion of your neighbor’s structure occupies land belonging to you, the encroachment remains subject to legal challenge. Property rights are protected by law, and their enforcement does not depend on whether construction is ongoing or already completed.

Your neighbor’s argument that you should have objected earlier is not determinative. A landowner is generally not expected to object to an encroachment that was unknown to him or her at the time. The critical issue is whether the structure was in fact built beyond the true boundary line and onto another person’s property.

The legal consequences of the encroachment may vary depending on the surrounding circumstances. Among the factors that courts may consider are the extent of the intrusion, whether the builder acted in good faith or bad faith, whether boundary markers were ignored or removed, whether the affected owner consented to the construction, and the conduct of both parties before and after discovery of the encroachment. These considerations may affect the remedies available under the Civil Code. Available remedies may include the removal of the encroaching portion of the structure, compensation for the unauthorized use of the land, or other forms of equitable relief recognized by law.

For this reason, you should preserve all documents relating to the dispute, including survey plans, technical descriptions, relocation survey reports, photographs showing the construction at various stages, building permits, correspondence, text messages and any written communications exchanged with your neighbor. These records may prove important should formal proceedings become necessary.

Atty. Peachy Selda-Gregorio