You have to file suit seek orders to direct neighbour to removed encroachment on your land
2) get demarcation of boundaries of land done by survey office
Ours is East facing house and my father left some part of land on the north side of our house for passage purpose. Approx 15years back our neighbour encroached some part of that land and constructed the compound wall in that land. Now after repeated requisition also he is hesitating to remove that wall. What are the possibilities to take back our land which is encroached legally.
You have to file suit seek orders to direct neighbour to removed encroachment on your land
2) get demarcation of boundaries of land done by survey office
Please file suit for injunction under order 39 of C P C 1908 to prevent further encroachment of your property and obtain temporary injunction against your neighbor.
Thereafter go for suit for permanent injunction and declaration of title over the property under section 34 and 38 of Specific Relief Act against your neighbor to secure your property permanently.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person/s, supported with all relevant supporting Documents, Evidences & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
3. The above is the easiest way, instead of wandering for years in the Civil Courts.
- As per law, encroachment others land , is same as trespassing , and it is an offence under the Section 442 of the Indian Penal Code.
- Hence, if you are having proof with you , that the said land was in the ownership of your father , then you can lodge a complaint against the said neighbour and thereby force him to remove the wall from yours land.
- Further, if police refuse to take legal action , then you can approach the court after filing a Mandatory & Permanent Injunction suit against the said neighbour, and further you can also claim damages from him as well.
If someone encroached your land then you have the civil remedy of recovering from encroached your land.
So to get back the land you can file a suit for recovery of possession and injunction.
You can claim mesne profit as well from him.
Serve him with a legal notice and than file a specific performance suit against him for removal of encroachment
Dear Sir,
Get issued a legal notice with all the details asking them to demolish the illegal construction.
If they do not agree, lodge a complaint in the nearest police station. Most probably they will not take much action as it is a civil nature dispute. But, it will create some pressure on your neighbour.
Simultaneously file a civil suit for mandatory injunction asking the neigbour to demolish the wall and permanently restraining them from encroaching upon your property.
Best wishes.
A suit has to be filed but the limitation period is 12 years. He encroached 15 years back. You have to give reasons for not dismissing the case ie for not filing early.
1. You have to file a suit for recovery of possession against the trespasser.
2. He will take the plea of adverse possession over the land but if your title is clear then you will be able to repel his plea.
Dear Sir,
You are suggested to serve the legal notice and then file the case of injunction against him in the district court.
15 years is long time. File case in court for recovery of possession. No adverse possession on encroached land.
You can file for declaration cum possession suit with mandatory injunction relief consult local property lawyer.
1. You can break his wall and claim back your land if you can take care of the fight which can break out due to this action.
2. If you don't want involvement of police then send him a legal notice through your advocate for demolision of wall from your land or pay consideration of land under his possession and get it registered on his name.
3. If he refuse to choose any option then file suit against him to claim back your land and demolision of construction in your part of land.