Civil Code Art. 430: Ownership in General

Statute: Civil Code
Article: Art. 430
Topic: Ownership in General
Status: In force
Book: BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Title: TITLE II OWNERSHIP
Chapter: CHAPTER 1 Ownership in General
Formerly: Art. 388 of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon. (388)

Intellegal Wiki · In plain terms

Every owner may enclose or fence their land by walls, ditches, hedges, or any other means, so long as it does not impair existing servitudes (such as a right of way). This is an ordinary attribute of ownership, limited only by easements already burdening the land.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Ermino v. Golden Village G.R. No. 180808
Aneco Realty v. Landex Development Corporation G.R. No. 165952

Related provisions in this Chapter

Civil Code, Art. 429 Ownership in General
Civil Code, Art. 431 Ownership in General
Civil Code, Art. 428 Ownership in General
Civil Code, Art. 433 Ownership in General
Civil Code, Art. 434 Ownership in General

Civil Code, Art. 430 is found in CHAPTER 1 Ownership in General of TITLE II OWNERSHIP of BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.