1) file police complaint of criminal trespass if your property has been encroached upon
2) get survey of your plot done
3) then you can file suit seek court orders for removal of encroachment on your plot by your neighbour
Encroachment
I have bought a property of 1950 square meters in the year 2014 in Goa in a small village. After the sale had been registered I had been told by the previous owner that in the period of 1990 +- neighbours had encroached on his property for approximately 1.5 - 2 meters on the full length of one side of the property boundary of 58 meters to extend the existing footpath to a motorable road. No government authority had been involved. The works were undertaken by the son of a neighbour (he is a contractor) and the neighbours benefitting from this work had shared the cost of levelling and asphalting the road, no compensation had been paid to the previous owner of our property. In the survey map, the road is still a footpath with no survey number. Our property is a settlement area. Maybe I would have let it go.....but since some time some neighbours accuse me of having my rubble stone boundary wall in the wrong place, meaning that I am the one who encroached on someone else's property. What legal recourse is open to me? Can I refix the boundaries and put mark stones in the middle of the road? Can I sue the neighbours for encroaching? Can I ask for compensation? I am still interested in an amicable solution. Please advise. Thank you!
Asked 7 years ago in Property Law
Religion: Other
5 Answers
See the property is encroached and is in use and possession around 30 years there is right of adverse possession created on same so even if you go for litigation they have valid defence further you cannot out stone in middle of road and no compensation in adverse possession available so in my opinion wont be good case to litigate.
And as far as they are accusing you let them file a suit mere accusing wont make it wrong you can hold your boundary.
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)
1)You can file police complaint for trespass
2) you can file a suit for eviction.
3) I'm ready to appear as your counsel. Please call me up to seek appointment for further briefing
If the encroached portuion is being used as a common passage then you cannot hold any single individual responsible for this.
Hoewever you may file a suit to declare your title to the encroached portion by filing a declaratory suit and for possession.
You may even apply for measurement and ascertain the encroached portion by appointing an advocate commissioner through court of law.
Discuss with your lawyer and proceed on the advise received.
