We share a land boundary with our neighbor, but the neighbor is encroaching on our land so we decide

Question

We share a land boundary with our neighbor, but the neighbor is encroaching on our land so we decide

15-May-2023 (In Civil Law)

We share a land boundary with our neighbor, but the neighbor is encroaching on our land so we decided to build a wall on the boundary. The problem here is the neighbor refusing to measure his land and that's creating problems in building the wall on the boundary. How can we proceed legally?

Answers (2)

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2023-05-23T17:41:53+05:30

Answer #1

Well, if the Neighbor is refusing to measure his land, you lodge a Criminal Case against him of Criminal Trespassing under the concerned provisions of the CRPC, Act, 1973. You can also file a Civil Case against him to seek orders for land measurement and to settle this issue.

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Advocate Rushiraj Sanjay Kulkarni LawRato · Accepted Answer · 2023-05-30T17:55:51+05:30

Answer #2

You can independently file an application for measurement of your land with the City Survey Office and then your neighbour being an owner of the adjacent land will be issued a notice of the proceeding for measurement. Then you can get your land measured. you need not depend on your neighbour for it. If it is found that he has encroached on your land then you will have to file an case in Civil Court under the provisions of Section 6 of the Specific Relief Act claiming back the possession of encroached property.

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