• Part of property need encroached

My house is spread over a large area. My neighbors house is built touching my land in one corner of my property. The people staying in the neighbors house have made a make shift toilet of tin and sewage pit/ tank in my land. They have connected the make shift toilet and the toilet in the neighbors house to the sewage pit/ tank which they have made in my property. They also have other waste water flowing into my property/ land.

The occupant are said to be caretakers of the neighbors property, but in actual have occupied the house and are not leaving it.

What action can I take to free my land of the make shift toilet and sewage tank they have make in my land and also stop the waste water which they are throwing into my land/ property. How long will it take to solve the issue if it goes to court.
Asked 1 year ago in Property Law from Mussoorie, Uttarakhand
Religion: Hindu
1) issue legal notice to owner and caretaker to remove encroachment from your property . 

2) if neighbour refuses to remove encroachment file suit for  for demolition of unauthorised construction made on your property .

3) suit may take some years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
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Hello,
1) you can, and probably should, talk to your neighbor about it. He might be able to move the structure, or you might come to some alternate arrangement. Resolving any disputes out of court can save both of you legal fees, as well as the stress of hiring lawyers and going to court. If you and your neighbor decide to leave the encroachment in place, you may consider giving them written permission to use your property. This can prevent a later claim of adverse possession. 

2) Alternately if the neighbour is willing to pay a price for the portion of the land he wants to use and you are willing to sell you may do so.

3) Legal option is to file a suit demanding the demolition and vacation of the neighbour. It is difficult to predict how long it will take and if they can prove in court that they have been using your land in this manner for quite a length of time they can manage a verdict in their favour as well. The litigation can go on for years.You will need to prove in court your ownership and the improper and illegal use by the neighbour.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
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1. You can lodge complaint with the municipality so it takes measures to restrain them from soiling your property.
2. Alternatively you can file civil suit for injunction.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
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Do your property have well demarcated boundary? When they made construction of the Pit and Temporary toilet .File an Injunction suit for restrain the defendant and their men for committing waste in your property and a  mandatory Injunction petition along the suit. Also Immediately file a petition before health department ,RDO,and panchayath or municipality
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Hi, you to file a suit for mandatory injunction  and request the court to demolish the shift toilet.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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1. To remove the encroachment you should file a lawsuit for eviction against the neighbours, which they will be allowed to contest by entering defence. This apart, you can also seek compensation from them in the same suit for encroaching your property.

2. A criminal case for trespass can also be filed against them. If they are held guilty they can be jailed for up to 7 years by the court. 

3. Nobody can tell how long it will take in the court as this depends on local factors such as pendency of cases, etc.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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1. You can lodge a police complaint against them for encroaching in to your ares and constructing a toilet and pit,

2. If police fails to take action within 30 days file a writ petition against police inaction before the High Court,

3. With the help of Court order you can demolish the sasid unauthorised construction.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
227 Consultations
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You have to file a suit for mandatory injunction against the people who have reportedly encroached your portion of property restricting them from using your landed property for their convenience with an application for ejectment if they have encroached your property.  You can file an application for appointing advocate commissioner to find out the encroachment and submit his report.
The court case may take years for disposal, so you have to go by the court proceedings regularly. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0

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