The Great Land Grab: Can You Own Land Just by Living on It?

By: Atty. Eugenio L. Riego II, LLB, MPA, REB

Meet Pedro: A Man with Big Dreams and No Land Title

Let’s talk about Pedro—a simple man with an adventurous spirit and an uncanny talent for claiming things that don’t belong to him. One sunny afternoon in 2002, while strolling through the hills of Laguna, Pedro stumbled upon an empty lot. No fences. No signs. No angry owners chasing him with bolos. Just grass, trees, and the soothing hum of crickets.

To Pedro, that could only mean one thing: “This is mine now.”

So, he built a house—not a mansion, but a decent home with a tin roof, crooked walls, and a yard spacious enough for three goats. Years passed. Trees grew. Kids came and went. Life was peaceful.

Then came 2022—twenty years of peaceful occupation. Enter Juan, a man with a legal land title, a family tree, and an eyebrow raised in disbelief. “Pedro,” he said, “this land is mine. I inherited it from my parents. I have the title.”

Pedro, armed with confidence and perhaps a little too much Facebook legal advice, replied: “I’ve been here for 20 years. It’s mine now. Possession is 9/10 of the law, right?”

But is he right? Can living on land long enough actually make it yours?

The Legal Reality: Land Ownership Isn’t a “Finders Keepers” Game

In legal terms, Pedro’s “finders-keepers” philosophy is, well… wrong.

Pedro cannot acquire the land just by living on it for 20 years if it is already titled under the Torrens system. In the Philippines, titled land is indefeasible, meaning it cannot be lost through mere occupation or prescription (long possession).

According to Article 1126 of the Civil Code, acquisitive prescription (gaining ownership through possession) is only valid for untitled land. Moreover, Article 1117 states: “Prescription does not run in favor of a possessor in bad faith.”

So, no matter how nice Pedro’s garden is, if the land is already registered under someone else’s name, he has no legal claim to it.

What Did the Supreme Court Say?

Nice try, but no. The Supreme Court ruled that long possession does not override a registered title. The land belonged to the titled owner, and no amount of occupation or tax payments could change that. (Alberto v. Heirs of Panti (2023))

Key takeaway from the ruling:

“No title in derogation of the registered owner’s title may be acquired through prescription or adverse possession.”

Final Words: Don’t Be Like Pedro

So, what’s the lesson here? Just because land is empty doesn’t mean it’s up for grabs.

If you find an unoccupied lot and your first instinct is to build a house—stop. Check first if the land is already titled. The law is clear: possession does not equal ownership. The Torrens title does.

What Should You Do Instead?

✔ Buy it legally – If you want land, purchase it properly from a legitimate owner.
✔ Lease it – Some lands can be legally leased instead of claimed.
✔ Check land titles – Always verify ownership before investing time and money.
✔ Apply for public land grants – Some government lands are available for application, but there’s a legal process to follow.

And please, don’t go around saying “20 years na akong nakatira dito, sa akin na ‘to.” That line doesn’t work in court. It belongs in barangay disputes or bad teleserye scripts.

Lastly, beware: If a person shows up at your doorstep with a clean title and a raised eyebrow, prepare for legal trouble. No amount of planting kalamansi trees will save you from eviction.

The Golden Rule

👉 If it’s not yours, don’t claim it.
👉 If you want it, buy it.
👉 If it’s public land, check if you can apply for it.
👉 If you see an empty lot and think, “Mine!”—just keep walking.

Thank you, and may your fences always be within your property lines! 🏡

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