Trespass is a physical interference by a person in a property belonging to another person. It could be a tort of trespass when there is a direct interference with the peaceful enjoyment of the land in the form of unlawful entry, the unlawful placing of things, or inducing dangerous things or animals into the land or it could be a criminal act provided under Section 441 of Indian Penal Code, 1860 which defines ‘criminal trespass’ as ‘Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered and unlawfully remains there.’
In case of either of the trespass, as mentioned above, one can send a legal notice to the party committing such trespass to ensure that the peaceful enjoyment of the property is not breached.
One may send a notice for trespassing in case the right of peaceful enjoyment of one's property is being infringed. The first step in resolving issues related to trespassing can be sending a legal notice since most cases get resolved in this step itself and you do not need to proceed to Court to get relief. One must send a well-drafted and legally sound notice to ensure that you get a prompt response on your notice and you have maximized the opportunity of having the issue resolved.
Legal notice for trespassing must contain these essential points:
Name, description, and place of residence of the person or persons
Name, description, and place of residence of the sender of the notice
Details of the cause of action
The detailed description of the incident which raised the cause of action
The specific time for fixing the wrong done by the party and the description of the property over which such wrong has been committed.
Legal Notice Format
ADVOCATE NAME
OFFICE ADDRESS
CONTACT NO:
__________________________________________________________________
Ref. No.( Details of the Client needs to be given)
Dated: ________
REGISTERED A.D./ SPEED POST
To,
1- _______________
SUBJECT: LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____.
Dear Sir/ Madam,
Under instruction and on behalf of our client _______ son of _______, resident of _______, I do hereby serve upon you with the following notice under section 441 of the Indian Penal Code.
1- That my client ______________ has been living at__________________ (hereinafter referred to as ‘the said property’).
2- That the peaceful enjoyment of the said property has been breached by your actions on several occasions.
3- That on ______________ the act of trespassing was committed by you and the same has caused immense trouble to my client.
4- That my client filed a Demand Notice ______________.
I therefore through this Notice call upon you ______________.
A copy of this legal notice is retained in my office for further necessary action.
ADVOCATE’S SIGNATURE
No specific documents are required for drafting a legal notice for trespassing. However, the details of the parties and their addresses must be properly scrutinized before a legal notice for trespassing is being sent. Also, the relevant papers validating the proof of ownership of the property by the aggrieved party shall also be scrutinized before the sending the legal notice for trespaasing.
No set procedure is applicable in the making of legal notice for trespassing. However, a legal notice must be drafted and signed by a lawyer, with all the necessary details/contents as mentioned above. Once the notice is drafted it should be examined by the sender. It should then be sent to the defendant. If no action is taken or no repayment is done within the number of days mentioned upon the notice, a case against the defendant can be filed in the court having jurisdiction.
You can take a few steps as preventive measures against trespassing/encroachment of your property. Your concerned steps and awareness will not only avoid trespassing/encroachment but also put you in a better position in the legal fight.
You should keep all the essential documents related to the property in your custody. The documents are:
Registered deed of conveyance,
Sale deed,
Agreement to sale,
Mutation Certificate,
Municipality or Corporation Tax bill,
Electricity bills, water bills and telephone bills.
If it's an inherited property then keep the will, probate, or death certificate of the ancestor. All these documents are essential to prove your ownership.
The preventive measures to deal with trespassing/encroachment are as follows:
You should keep your name up-to-date in all documents.
Sometimes people buy a property, but to save the stamp duty they don’t complete the registration. Some don’t even change the name in the mutation certificate. Make sure you avoid this
You must keep all ownership-related documents updated.
You should pay all the taxes and government fees regularly.
Keep in touch with the neighbour and keep a good relationship with them; as they can inform you about any suspicious activity at your premises.
You should register a Deed of Boundary Declaration before the concerned Registration office. This legal notice acts as a boundary dispute letter before action to take place.
Put a high and concrete boundary wall.
Since, a legal notice is the first step towards preventing trespassing, it is highly recommended that you hire a property lawyer. A lawyer has the requisite expertise and knowledge to draft such legal notices. He/she will be able to accumulate important information for the client and draft the notice accordingly. He/she will ensure that you are on the right path in attaining justice. A lawyer can manage all legal paperwork effectively. Therefore, hiring an expert property lawyer is of prime importance in order to ensure that your legal notice for trespassing is sent correctly, keeping in mind the possible litigation that may ensue.
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