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Procedure to get rid of an encroachment from a private property
04-Jan-2023 (In Property Law)
My neighbor has done illegal construction on my house wall in the absence of my family at home. My father and brother has informed him orally for not to construct anything on it during his first floor construction, Without considering their information he has encroached in my plot area and still creating hell of nuisance every day. I have lost plot area by about 1’3” (as per RTA act Survey report produced by kurnool municipal corporation surveyor).I have informed them to demolish illegal construction but they informed as they don't have the right to demolish because its a private property dispute. Please let me know who else having the right to demolish illegal construction apart from court. Or do I have to fight with him in the court for whole life? Let me know please What is legal procedure for land encroachment and give me the best solution to solve this problem as early as possible
You file suit for mandatory injunction suit before civil court with a prayer to demolish the encroached property and restrain from permanently enter into your property. You should file immediately otherwise you will get not get remedy from court on the ground of limitation
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What is the limitation period for encroachment?
According to the Limitation Act of 1963, the period of time that a trespasser has the right to possess immovable property is 12 years for private property and 30 for public property. This is calculated from the day the trespasser occupied the property. 08-Aug-2019
What is the rule of encroachment?
In India, Section 441 of Indian Penal Code 1860 deals with property and land invasion. Encroachment is defined as when someone illegally enters another persons property or land. The IPC section 441 also covers trespassing on private property.
What is the legal action against land encroachment?
Encroachment can be punished under Section 447 IPC with a maximum of three months imprisonment and/or a fine up to Rs. 550. You can deal with encroachment legally by contacting the court under Order 39 (rules 1 and 2) for an injunction, and then claiming damages. 12-Apr-2023
How can we protect land from encroachment?
Build a simple boundary wall around the plot. Post a sign stating that you own the plot. This will alert others. Video surveillance systems can increase your sense of security and safety. Smartphones allow you to monitor trespassers. 03-Dec-2022
Hi,
As you say he has encroached your part of land then municipal authority can take action as he has to construct as per the approved municipal plans and that comes only as per his area of land. Still if you not satisfied then you have to give written representation and if no response within the stipulated time you can file a Writ Petition in the High Court. If you want justice then you should have patience if some or long time in court that no one can guarantee.
As you say he has encroached your part of land then municipal authority can take action as he has to construct as per the approved municipal plans and that comes only as per his area of land. Still if you not satisfied then you have to give written representation and if no response within the stipulated time you can file a Writ Petition in the High Court. If you want justice then you should have patience if some or long time in court that no one can guarantee.
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Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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You need not fight your whole life in court if your case is genuine one. You file for declaration cum possession suit with mandatory injunction relief and if necessary ask for Advocate community along with surveyor.
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Adv. P V Reddy
Vijayawada | 100+ Answers
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It is important to follow legal procedures when dealing with land encroachment. This involves getting a copy of the land survey, or a deed that proves ownership, as well as a copy of any document proving the ownership.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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