• Concrete road constructed on right of way

My piece of land (unused) is road-facing with a number of properties behind it. For 20 years+, the neighbors & relatives behind my land were using a 7 feet "right of way" as documented in the will. 

But, gradually they have been clearing up obstacles like posts, trees, ... outside the allotted 7 feet width, trying to make way for a wider road.

And, recently they have built a concrete road of 8 feet width (1 feet more than that allotted).

Can you please advise what options do I have to counter this development & safeguard my land from this & any future encroachment?
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

If the neighbors have encroached one feet of your land and if you have to protect your remaining land also, you may have to file a suit for mandatory injunction against the encroachers  to remove the one feet encroachment and to restrain them from interfering in your possession and peaceful enjoyment of your proeprty.

Simultaneously you can cover your property by barbed wire fencing so that the encroachers may not be able to encroach any further.

You may first issue a legal notice to the party to remove the encroachment and deliver possession of the encroached property.

If they fail to respond then you may initiate legal action through court as suggested.  

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

If they had encroached your land then you can defend as per the Easement Act. 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Do your neighbours have any alternate access to their land 

 

2) if so you can block the access through your land 

 

3) if there is no alternate right of way then you cannot block their access through your land 

 

4) you can object to any construction on said pathway 

Ajay Sethi
Advocate, Mumbai
94524 Answers
7486 Consultations

5.0 on 5.0

1. If there is no trespassing done on your land or your right to access your land is blocked then you have no cause of action to initiate any civil suit against them for the encroachment they have done on the road.

2. However, to stop them from trespassing into your land or blocking your right to way you can file a suit for permanent injunction.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

 You may approach Civil Court and take injunction order restraining widening of road beyond 7 feet width.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

Dear Sir,

  • 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

Seek legal assistance and get an injunction order or eviction notice from the court to do away with the illicit possession of your property. It is important to consult an experienced legal counsellor to expedite the process. Moreover, afore fetching expert assistance, reach out to the tehsildar (who has all land records registered) and get the area of your land measured. This will help in identifying the extent of encroachment.

It is better to try for out of court settlement. 

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Hey,

At the outset, I would suggest instead of directly approaching the courts, send a legal notice to the people who have encroached the extra one feet to remove the same within 4-5 days failing which you will initiate legal actions against them. If they concur, then well and good, later on put fencing at the end to avoid future issues. 

If they don't concur, then you can file a civil suit in the civil court of your area to seek permanent injunction against encroachment and also seek damages and legal costs. 

This should work in your benefit. 

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

5.0 on 5.0

1. You should have approached the Court when they were constructing the road encroaching in to your land widening the road by one foot and availed a stay order against the said construction.

 

2. Now file the suit against the said encroachment by one foot in to your land.

Krishna Kishore Ganguly
Advocate, Kolkata
27194 Answers
726 Consultations

5.0 on 5.0

- You can lodge a compliant against them before the police and higher official for encroaching the road and for the tress passing in your land without your consent . 

- Further, forward that compliant copy to the municipal corporation of your area for measuring and removing the trees which obstruct the passer of the road. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

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