Neighbors forcing us to give away our land what can we do

819 votes

Sir,
1. In the instant case, once you have a dispute with your neighbors, the last thing you go to the courts. Instead, always it is better to talk and try to come to an arrangement that suits you both/all. In any case, you could be living near each other for a long time together.
2. If the problem continues, then you contact to police/ lawyer about your rights as well as any potential ways of solving the dispute.
3. Failing which, File an injunction suit for grant of relief based on easementary right of passage,
________________________________________
Krishna Murthy Pasupula| Advocate| Hyderabad|
WRITE A REVIEW

Advocate Krishna Murthy Pasupula LawRato

878 votes

SIR/MADAM,
in your case first you approach civil court by filing a mandatory injunction against your neighbors.
being owner of the property you can avail interim order immediately against your neighbors.
and if they force you or compel you can file criminal trespass complainant under CR.P.C. in the concern
POLICE station.if police ignored your complainant you can file a private complainant against your neighbors under section (200) of C.R.PC. and you can get protection from the court.

Advocate Sree K Sivakumar LawRato

991 votes

Hi
I) You should check your antecedent title deeds on whether there are any easement rights attached to your property.

II) What is Easement ?
An easement is a right which the owner of a property has to compel the owner of another property to allow something to be done, or to refrain from doing something on the survient element for the benefit of the dominant tenement. For example - right of way, right to light , right to air etc.

An easementary right is almost like a privilege, depriving which the owner of one tenement has a right to enjoy regarding that tenement in or over the tenement of another person, by reason of which the latter is obliged to suffer or abstain from doing something on his own tenement for the advantage of the former. Easementary right must possess the following essentials:

1) Dominant and survient tenement
2) Easement should accommodate the dominant tenement
3) Easementary rights must be possessed for the beneficial enjoyment of the dominant tenement.
4) Dominant and survient owners must be different persons.
5) The easementary rights should entitle the dominant owners to do and continue to do something or to prevent and continue to prevent something being done, or in respect of , the survient tenement; and
6) The something must be of a certain or well defined character and be capable of forming the subject matter of a grant

III) If there are no easement rights attached to your land, then no person can claim any access rights through your land and if at all they want any access rights, then they should claim any rights through court/ government land acquisition.

iv) File a case of Criminal intimidation case (sec 506 of IPC which is cognizable and non bailable) and criminal trespass case(Sec 447 of IPC which is cognizable and bailable) against your neighbours,
Since police are not permitted to entertain civil disputes, the best option will be to first file your complaint in the court and the court will then ask the police to investigate and report back to the court.
hope this helps.

Advocate Rajagopalan LawRato