You have to file police complaint of criminal trespass under section 441 of crpc if neighbour has encroached on your plot
2) file suit for eviction of trespasser
3) you cannot take all into your hands and revenge your property
Re-fencing of property in illegal possession of neighbour
Hello to all..... In this situation we own 10 acres agricultural estate and we are paying tax for the entire 10 acres area.and the entire area reflects the same in the land record documents......However in the past at some time may be over 30 years or so our neighbor has illegally occupied 2 acres within his fence.... Recently we have carried out an official government survey which clearly shows the encroachment and the illegal position...This survey was carried out with official notice to neighbors ,who off course refused to show up.. My question being can i re-fence our property based on our legal ownership proof....? if i do it.. claiming it is my old existing fence can my neighbor file a criminal case against us? or else what are the types of case can he file against us in the event of us being able to retain the new fenced area.?. Thank you all for your patient hearing.
Asked 4 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
Yes you can do it if you have ownership documents and there is no injunction from court.
See if it is in possession of the neighbor you cannot yourself fence same you have to file suit before the court seeking possession of the property.
In case you try by yourself then in that case he can file a complaint.
Dear Client,
You may re fence your property with the help of police. If they don't agree, I'm my opinion, you should file a case for Eviction and declaration.
Dear Sir,
It is wise to approach Civil Court and get a stay order and status-quo order by showing your boundaries and also an injunction against your neighbor otherwise he may lodge a criminal complaint against you.
Yes,
No criminal case made out, you have proof of ownership and encroachment by neighbor through fresh survey. Last resort , you have to file suit of recovery of possession .
You should go to civil court for declaration and permanent injunction, If you can not afford court, You can file F.I.R. against your neighbour with detailed application and send a copy to collector, S.P.
Dear
You should approach revenue department for demarcation of property and fencing of your property as per revenue records.
If you want to re fence the property which belongs to you then you should proceed legally against your neighbour.
The danger of the neighbor lodging a criminal complaint agaisnt yo is more bright hence it would be better that you file a suit for declaration of your title and possession of the property encroached by the neighbor.
You can also file an injunction application restraining the neighbor from alienating or encumbering the encroached schedule of proeprty in any manner till the disposal of the main suit
