How to resolve land dispute

If you have a registered sale deed in your name and your neighbour is claiming part of your property, even though he unable to produce any documents to support or prove his claim over such land, you can protect your property by taking the following measures:
 

1. File a Complaint u/s 441 of the Indian Penal Code: Section 441 of the Indian Penal Code defines ‘criminal trespass’. It states that anybody who enters a property which is in possession of another person with the intention to commit an offence or to intimidate, insult or annoy any person who is in possession of such property, or has lawfully entered such property but unlawfully remains there has committed criminal trespass. Thus, you can file a criminal complaint under this section against your neighbour. With LawRato, you can take help from an experienced property lawyer for all your property law requirements.

2. Demarcation of Property: Another option is to get the demarcation of the land done through court. The demarcation of land is intended to ensure the owner’s right on the property. It establishes the boundaries of the land which is under the possession of its real owner assuring the protection of the demarcated land and keeping invaders away.

3. Civil Suit for Encroachment of Property: You can also move an application in a civil court and can seek orders against the encroachment of land on your property by your neighbour. You can ask for a permanent injunction restraining your neighbour disturbing the possession of land by you. For this purpose, it is recommended to take help of a good property lawyer. You can even educate yourself further on property laws.
    

Why do you Need a Lawyer for Property?

Sometimes the law and the legal framework can get confusing and difficult to understand, especially when the issue is regarding a dispute related to property. In such a scenario, one may not realize how to determine the legal issue, the area to which the issue relates to, whether the issue requires going to court and, how the court procedure works. Seeing a lawyer and getting some legal advice can enable you to comprehend your choices and can give you the certainty to enable yourself to determine your legal recourse.

An experienced property attorney can give you expert advice on how to handle your property issue owing to his/her years of experience in handling such cases. An experienced property lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney a person can make sure that he can avoid delay and get your share in the property in a timely manner.
 

Consequences of not Addressing the Issue Timely

Property disputes between neighbours are a common occurrence in India these days. Legal disputes over property take place across people at different levels in the society, be it households with low-income or wealthy families. Ownership of the property can be challenged by any third person and the property can be put to dispute for years unless resolved by the courts. Thus, it is important to deal with the issue as soon as possible with the help of an experienced property lawyer. 

1. Consult an Attorney: The first and most crucial step is to consult with an experienced property attorney. They can provide legal guidance and assess the merits of your case.
2. Gather Documents: Collect all relevant documents related to the land, including property deeds, titles, agreements, and any correspondence that may be pertinent to the dispute.
3. Mediation: In many cases, disputes can be resolved through mediation or negotiation. A mediator can facilitate discussions between the parties involved and help find a mutually acceptable solution.
4. Issue a Legal Notice: If mediation fails, your attorney may recommend sending a legal notice to the other party, outlining your grievances and intentions to resolve the matter legally.
5. File a Lawsuit: If negotiations and legal notices do not lead to a resolution, you may need to file a lawsuit in the appropriate civil court. Your attorney will prepare the necessary documents and represent your case in court.
6. Obtain an Injunction: In cases where immediate action is needed, such as preventing further construction or land encroachment, you can seek an injunction from the court to stop any unauthorized activities on the disputed land.
7. Evidence and Witnesses: Gather evidence to support your claims, such as property records, witness testimonies, photographs, and any other relevant documentation that proves your ownership or rights to the land.
8. Court Proceedings: Attend court hearings and follow the legal process diligently. Your attorney will present your case, cross-examine witnesses, and argue on your behalf.
9. Judicial Decision: The court will eventually make a decision based on the evidence presented and the legal arguments. The judgment will determine the rightful owner or the resolution of the dispute.
10. Appeal if Necessary: If you are not satisfied with the court's decision, you have the option to appeal to a higher court. Your attorney can guide you through the appellate process.
11. Execution of Judgment: If the court rules in your favor, you may need to take steps to enforce the judgment, such as eviction of trespassers or the transfer of property ownership.
12. Alternative Dispute Resolution (ADR): In some cases, parties may opt for alternative dispute resolution methods like arbitration or conciliation to resolve the land dispute.