In my street all houses as per layout plan is measuring 2400 SFT. However my left neighbor has built a compound wall for 3600 sft. This means he is in illegal possession of my 1200 sft land. i wasnt aware of this & i have been living in my house of 2400 sft land for the past 15 years & recently about a year back i realised that i have moved 1200 SFT in my right neighbor who in turn also have unknowingly built his hosue too by encroaching in to his right side land( which to current date is a vacant land). so while me & my right side neighbor - all of us in possession of 2400 Sft, we have moved our boundaries by 1200 sft. This excess 1200 sft is what my left neighbor is in illegal possession for the last 15 years. I came to know this only recently when my right neighbor was planning to sell his house & he told me this boundary issue. I was shocked then just to protect my built house, i offered to buy my right neighbor property. I purchased this 2 months back. now i am owner of 4800 SFT. however i am now thinking to demoloish my right side house & give off the 1200 sft land (part of the current vacant land) which is not mine & take the land which is on my left side for which i am the legal owner but that is in illegal possession of me my left neighbor. Incidentally the left neighbor has not built any structure in this 1200 sft & kept is as a garden (so he is aware that he is not the legal owner of that 1200ft land). I got hold of his saledeed which he purchased 2 years before i bought & found that his sale deed is only for 2400 sft but in illegal possession of 3600 sft. he is also paying property tax for 2400 sft only. I tried speaking with him once/twice on this matter & he is avoiding saying he has everything with him. so what are my options. either i can file a suit for declaration & recovery of possession which can take a long time & me left neighbor can also claim adverse possession, isnt it ? or can i just go ahead and demolish the illegal compound wall put by him and take possession and file an injunction not to interfere with this. if i choose option 2 can he go & file a criminal case against me for demolition as criminal trespass?, will the police act on his complaint, though he is not the legal owner.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
you cannot take law into your own hands
2)you have to issue legal notice to neighbour to vacate portion of your land in his possession
3) if he refuses file suit of criminal trespass against him
3) also file civil suit to direct neighbour to demolish portion of land in his unauthoirsed possession and for declaration that you are absolute owner of 2400 square feet land
what about he claiming adverse possession
He can claim adverse possession as defence as he has been in open ,hostile.uninterrupted possession fir over 12 years
If you want to ascertain your proeprty you may get it surveyed and measured by government surveyor by submitting an application with the concerned authorities
After the survey is completed if the survey report states that your neighbor has encroached a portion of your property then you can approach with a suit for declaration of title and possession of the encroached portion of your property.
In that case you may have to shift your property's claim as per your original registered sale deed especially after the survey report is filed.
His possession is not adverse to you i.e., it has come to your knowledge only recently hence ther is no question of perfecting his rights operating the law of adverse possession.
Dear client I am sorry to hear that but in this case you can approach the court and file a case against them on many ground such as harassment
You need to seek orders from the court. If you demolish it yourself it will be an issue. If it's illegal you can seek assistance from corporation or other authority for its demolition
Hello
"NEVER FILE DECLARATION " for something which you OWN legally - YOU will end up paying court fees , you will end up paying money to advocates and in return will get years of litigation.
or can i just go ahead and demolish the illegal compound wall put by him and take possession
THIS IS WHAT you need to do .. Lookout for a Day when your neighbor is not around or goes out of town - Call a JCB and demolish the wall within few Hours and Dig a trench for new wall at the place it should be. MEANWHILE if this neighbor disturbs - CALL police and file complaint stating he is in illegal occupation and show them photocopies of YOUR DOCUMENTS only .
Police MAY leave without registering any case - and will ask both to go to civil court. LET YOUR NEIGHBOUR go to civil court first. IF you are able to bring down the wall and dig a trench ---- HE is someone who will be in an aggrieved person position NOT YOU........ PLAN each step carefully - DO NOT FILE CASES for something which you already own .......Try the above IF YOU FAIL than think of Legal that too in a planned structured manner so that you dont have to pay court fees.
Best of Luck
