You would need to prove two things:
1) that you actually own the property; and
2) that the neighbor is using the land improperly and should be removed. This first goal is accomplished through what is known as a "quiet title" action, while the second is done through what is often referred to as an "ejectment action."
This is often called the ‘quiet title’ action. If you do not want to sell the property, an ‘ejectment action’ can be taken which means you want the encroacher out of your property. The matter often reaches the court and either your neighbour would be tried for adverse possession or the court may grant him limited use of the property, often called prescriptive easement.
How law treats encroachment?
- The same law applies upon encroachment as that of trespassing on private land. Trespass is an offence under the Section 442 of the Indian Penal Code as well as the Law of Torts.
- Trespass is of three kinds – of person (when the rightful owner is restricted from doing what he could previously do) , of chattel (when a person disturbs the rightful owner by using the movable property of the owner) and of property or land.
- The judiciary may decide to pass an order of injunction to either stop or restrain the encroacher. This could be temporary or permanent.
- The Court may also ask the encroacher to give the damages or in other words compensation for the encroachment. This is calculated on the present value of the land and estimating the proportion of loss caused.
- If you see an encroachment and want to proceed the legal way, you should approach the court for an order of injunction as per Order 39 (rules 1, 2 and 3) and claim the damages.