You may have heard or experienced illegal encroachment on your property. The majority of the time, it is unintentional. Since you don’t want to damage your neighbour’s relationship, you don’t say anything. In the long run, it becomes permanent, making eviction difficult.
In this case, however, there are legal ways to deal with the issue. A discussion of this concern will be presented in this article.
Construction and structures that are illegal are being smashed down by the Supreme Court and the civic authorities across Delhi. The same treatment is also being meted out to encroachments in other parts of the country.
It may not be very difficult to spot an encroachment. As the name implies, encroachment occurs when someone builds something that encroaches on your property/land.
An example of this might be someone renovating their house so that a portion of it encroaches on your property, like a balcony extending into your yard, or someone taking over your parking space.
Vacant lots and abandoned houses are extremely susceptible to encroachment. In light of recent reports of property encroachments, all property owners must be well-informed of their legal rights and effective ways to handle such instances.
However, we should first understand the laws surrounding property encroachment.
You should first talk it out with the other party in order to resolve the situation. Be sure the property you want to discuss is yours before you proceed, and that you haven’t assumed it has always been so. Keep a copy of the proof (property papers) with you while discussing. Communicate your point in an open and friendly manner. Maybe you can resolve the issue out of court, thereby saving you both the legal fees.
If you are considering selling, make sure to follow the legal process. You can check the land records with your home loan provider. In addition, a lawyer can make documents asserting that your property had been encroached upon.
It is often called the “quiet title” action. In the event that you do not wish to sell the property, you can take an ‘ejectment action’ to remove the encroacher.
It is the same law that applies to trespassing on private property as it is to encroach upon it. Trespass is an offence under the Section 442 of the Indian Penal Code as well as the Law of Torts.
There are three kinds of trespass
In the case of an encroachment, you should approach the court for an injunction as per Order 39 (rules 1, 2 and 3), and claim damages.
Prevention is better than cure, so here are a few tips to keep your land encroachment at bay.
We have tried to explain to you what property encroachment is and how it can be legally dealt with in this article.
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