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How to restrict a neighbor who has been encroaching for several years


20-Jul-2023 (In Property Law)
We have independent galts n we reside on first floor. We are asking our neighbor who is residing in on the ground floor to remove the water tank top which he has put on the edge of our wall(bathroom and bedroom wall) since few years. This has resulted in damaging our wall as its dampened and withered.And the floor is weakening as he has put angle irons in our edge bearing the weight of the tank. We have requested him a no of times to lower the height of tank to his floor(just below our edge but he is not agreeing. I what should we do. We own the first floorflat n he owns the grouund floor flat. We both are Hindus. Can you guide me if we can make him remove the tank by approaching the MC or some authority?
Answers (2)

Answer #1
634 votes
You can hire a lawyer and send them a legal notice for the possession of that land and if they does not comply with the terms of the notice you can file a case against them under the provisions of Civil Procedure Code and also under Special Relief act.you can also get a FIR registered against time for the encroachment of your property.
Answer #2
930 votes
Dear Querist , you can file complaint regarding this stating all facts and risk of the matter to MC as well to SDM of the area . Do attach photographs in support. Howvere if nothing happen by these complaints you can file mandatory injunction against them in civil court u/s 39 of the specific relief act to remove that.

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