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How to prevent encroachment of land


09-Jun-2023 (In Civil Law)
My neighbour constructed pillar in boundary wall and about to construct wall in ground and first floor. as he constructed pillar in boundary wall without leaving any space /setback as per govt rules, i told not even a thread he shouldnot construct anything in my area as he erected pillars in his boundary wall where his area is completely over. now he asked me to use my area/land to cement wall by placing temporary sticks so as mason can able to cement wall. i told not to use my space/area to cement his wall since he constructed in boundary wall and his boundary is over and my area starts. now he forces me with local politician & lawyer that i have to give permission to cement his wall from my side. i said no as his boundary is over.whether they can legally make me to give my area to cement his wall?also neighbour saying after erecting boundary wall , pillars his area of 1 feet is still there for him in my land. he tries to cheat me .i have documents to prove my land how to stop him?
Answers (3)

Answer #1
608 votes
Simple solution to your problem is You may file a case against him by adding the local town planning authority (like cmda, dtcp) depending upon area your residence location, as a 2nd respondent to the petition. Whereas the local planning authority will be constrained to take action if there is any deviation or when the building is constructed without obtaining proper permission from the local planning authority.

Answer #2
676 votes
HELLO,

First you have to represent to the Local admn. for violation of THE Tamil Nadu BUILDINGS (Lease & Rent control ACT, 1960,
And no remedy is available, then you can approach the Districst Munsif Court for REMEDY UNDER EASEMENT RIGHTS ACT.

For further details pl.call me with an appointment through LawRato.
Answer #3
567 votes
It is not possible to restrain some one for use and enjoyment of common path, staircase and roof as the same is being meant for the use and enjoyment of all not specifically delineated to you. In case the other owner may agree on the terms of enjoyment in that event you may prevent them for using of the same.

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