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How to file case against neighbor for illegal encroachment of land


31-May-2023 (In Property Law)
My neighbour intentionally occupied my part of land and also damaging my property.What procedure i should follow to file a case against him?
Answers (3)

Answer #1
614 votes
Hi,

The action taken at the behest of your neighbour is encroachment and there are various you can take recourse of. Firstly you can file complaint in office of municipal corporation and you can lodge a first information report but if I may I'll ask you to send a legal notice.
People also ask

What is a legal notice for illegal encroachment?

Land encroachment acts require that either an individual or a group of property owners send a legal notice. Encroachment is defined by law as when a person or group of persons illegally builds on anothers property, or takes physical possession, without any legal right, title, or interest. 27-Jan-2019

How can we stop land encroachment?

The section 441 also applies to trespassing in private land. It is a crime under the section 442. Under the Land Encroachment Act, the judiciary has two options: either they can stop them from encroaching on land or restrict them. According to the Land Encroachment Act, the judiciary may also demand compensation for land encroachment.

How do I file a case against encroachment?

Hi, since you already filed a complaint at the municipal level, if there is an encroachment, and you want to proceed legally, you can approach the court and ask for an injunction based on Order 39 (rules 1 and 2) and claim damages.

What is the section for removal of encroachment?

As defined by Section 441 of Indian Penal Code, 1860, encroachment occurs when someone enters a property belonging to another without permission in order to commit a crime or threaten, and when the owner of the property remains there illegally. 18-Jul-2022

  
Answer #2
934 votes
you can make a complaint to your local municipality against him for making encroachment and damaging your property. simultaneously you can also file a police complaint against him (under MRTP Act) and the persons who are making the construction. if these does not work then you will have to file a suit against him restraining him from making any type of encroachment on your property.

Answer #3
312 votes
A property owner may file a court application referencing the Code of Civil Procedure, Order 39, Rules 1 and 2 to obtain a temporary injunction against any land invasion.
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