Law against encroachment on property

Law against encroachment on property "I have a two-story building in our province built on the lot that I also own. No part of my building is built beyond the boundaries of my lot. The owner of the lot beside my property plans to use my buildingÕs exterior wall as the interior wall of the building he is constructing. He also wants to use my concrete posts and vertical beams. I believe this should not be done because the walls, posts and beams of my building are designed only to support my building and may collapse if another building is attached to it. Is he allowed to do that? AlDear Al, The person owning the adjacent lot to your building cannot construct his building in such a way that your building will become part and parcel of his building. Our laws do not grant him any right in doing so.However, note that a wall may be owned in common by adjoining owners from its construction or by a subsequent act. In this case, one can insert the beams of his building in the wall to the extent of its entire thickness. The buildings will then be partitioned vertically by means of a pre-existing wall. But this will only happen if the owners of the two adjacent lots will come to an agreement to that effect. The owner of the lot adjacent to your building cannot validly use your wall as his interior wall without your consent. As you have mentioned, the walls, posts and beams of your building are designed only to support your building and nothing else. Moreover, the owner of the lot adjacent to your building cannot validly construct his building to a lot that he does not own. As your entire building was built within the boundaries of your lot, the owner of the lot adjacent to yours will naturally encroach upon a part of your lot if he constructed his building according to his plans. Hence, such person cannot do the said acts without violating your rights as an owner.Finally, we wish to remind you that this opinion is based solely on your narration of facts and our appreciation of the same. The opinion may vary if other facts are added or elaborated. EditorÕs note: Dear PAO is a daily column of the Public AttorneyÕs Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299).Ê" - https://www.affordablecebu.com/