Does Your Neighbor Use Your Fence As Clothes Rack? Here’s What You Can Do

A Twitter post of creative writing professor Jhoanna Lynn Cruz on Saturday, July 8, went viral as she complained about her house fence in Davao being used as clothes rack by a neighbor.

“My neighbors decided that my new fence was perfect for hanging their laundry & gabi (taro) leaves. Amazing. The sense of entitlement. Or is it [sense of] community?” Cruz wrote.

“I complained [through] our subdivision GC [group chat]. Sana andun ang salarin. Baka sila pa ang galit sa akin, (Hopefully the culprits are in the group chat…they may even be the ones who are upset with me),” she said. 

Apparently, many people were able to relate to her post, which has been viewed 4.5 million times as of Wednesday, July 13. It generated 1,746 shares, 481comment and 10,400 reactions.

In the replies, some netizens told Cruz to take matters into her own hands. Among the suggestions were keeping the laundry and taro, or throwing them along the driveway. 

But there were those who defended the neighbor’s action.

“Ang [wild] nung may nagde-defend dito sa nagsampay? Is consent and respect for others’ property such a foreign concept to you?So ‘yung property owner pa ba ang may duty na sabihan ka na bawal magsampay?(It’s wild that some are defending the ones who hung their laundry and taro. So is it the property owner’s duty to tell that it’s not allowed?) Community fence ba ‘yan? Common decency really isn’t so common anymore,” one netizen wrote. 

“If the fence is entirely within her property and she paid for all the expenses for its construction, then it's her private property. It doesn't even look like a party wall. Parang bakod sa harap ng lote niya? So tumawid ng kalsada (‘yung) mga kapitbahay para magsampay (I think that’s in her front yard? So the neighbor crossed the road just to hang their clothes),” Ben Bernabe, executive director for HIV-AIDS support group The Red Whistle said. 

A party wall is a “dividing line” between two properties. It is most often found in condominiums, or townhouses, with co-ownership governing its maintenance between property owners. As Bernabe pointed out, the disputed fence is in the homeowner’s front yard, far from a party wall. 

Reasonable force can be used, but…

Asked about the matter in a written interview with The Philippine STAR / OneNews.PH, human rights lawyer and Free Legal Assistance Group chairman Jose Manuel “Chel” Diokno cited Article 428 of the Civil Code which reads: “The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.” 

“Since the owner has control over the enjoyment and use of their property, the law recognizes their right to keep unwanted things or people out,” Diokno said on Wednesday, July 12. 

Article 429 of the Civil Code, Diokno also explained, gives owners the right to exclude people from also using their property or object. 

Under the provision, owners are allowed “reasonably necessary” force to prevent any form of unlawful, physical property invasion. However, Diokno emphasized it must be “reasonable, and must not be intended to cause undue injury or damage to others.” 

He added the Civil Code’s Article 19, which says: “Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.”

But despite legal protection, Diokno said it is still best to communicate, and try to find a compromise with one’s neighbors. If it fails, Diokno suggested the Barangay Justice System as a last resort.

“If this (communication) fails, the dispute can be brought to the lupong tagapamayapa of the barangay for assistance in resolving the issue,” he said.