• Trespassing

I have an ancestrial property in the hills and due to the hilly terrain no boundary wall could be errected in the past only boundary pillars were there. The adjoining property was taken over by the caretaker's family and the owner of that property has not been able to make them vacate it.

These occupant of the neighbour's house have been using certain section of our property as a path to go to the neighbours house for the last 20 plus years as its shorter than the actual approach road/ driveway of the neighbour house. Certain section of my land touching the neighbour's land these people are using to tie their cow and a certain section they have made a temporary tin bathroom and a septic tank near it. Now that I want to fence in my property they are not letting me do it. I am willing to let go of the bathroom etc section also which they have occupied but still they are not allowing me to errect a fence. I errected a 5 feet fence one day and they came and destroyed it early morning. No proof of them destroying it hence.

The original maps of the property of my neighbours the occupants have removed from the cityboard office. But I have found a sale deed of the sale property which was done 10 odd years. I have also got maps of all the maps from the cityboard of all the adjoining properties showing clearly what area is mine and what is of this neighbour's property. An application at the cityboard has also been put to demarkate my property.  

My question is

1. If someone is using part of my property as a path for 20 plus years does that become a public path. If not how do I stop them from using it and errect my fence.

2. What about the open land where they are tieing a cow in the day and have planted some vegetables and bushes. Can that be stopped and land taken back by me.

3. What about the tin tempory bathroom and the septic tank. What action can be taken and how can they be vacated or is it better to leave it to them.

4. They are also throwing dirty water etc in a section of the land. How can that be stopped.

5. Lastly how to fence up my property with the minimal issues and cases, as a case can go on for years and years in our current legal system. These are very aggressive type of people/ family.
Asked 1 year ago in Property Law from Mussoorie, Uttarakhand
Religion: Hindu
1)it does not become a public path . they only claim right of way if there is no other access to their property 

2) if they have trespassed on your land you cna file police complaint of criminal trespass 

3) you should move court and obtain orders for demolition of bathroom and septic tank on your property 

4) if dirty water is being thrown on your land obtain injunction restraining them from doing so 

5) for fencing of property obtain court orders restraining them from creating any obstacles in the way and for police protection while fencing work is carried out 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1. If someone is using part of my property as a path for 20 plus years does that become a public path. If not how do I stop them from using it and errect my fence.
It is illegal, especially f they already have a path way for accessing their property, encroaching your property for accessing their property is absolutely illegal, both criminal and civil cases are maintainable. 


2. What about the open land where they are tieing a cow in the day and have planted some vegetables and bushes. Can that be stopped and land taken back by me.

Yes, it being yr property you may ask them to vacate and take back the  possession, if they  refuse, you may file a suit for mandatory injunction and also can seek their ejection and vacant possession.


3. What about the tin tempory bathroom and the septic tank. What action can be taken and how can they be vacated or is it better to leave it to them.
Get back all your property, should not show them any sympathy towards an inch of occupied property too because it will pave way for larger encroachment. 


4. They are also throwing dirty water etc in a section of the land. How can that be stopped.
Besides suit for mandatory injunction, you may lodge a complaint with the local municipal authorities too. 


5. Lastly how to fence up my property with the minimal issues and cases, as a case can go on for years and years in our current legal system. These are very aggressive type of people/ family.
You can engage a government surveyor, get your property surveyed and encompass it with barbed wire fencing, take the help of police if they object or agitate. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1. Continuous use of personal property owned by someone else does not give it the character of public property. The remedy available to you is to file a lawsuit for eviction against those who have trespassed into your property. 

2. You can evict them from every part of the land which is owned by you and occupied by them. A lawsuit for eviction is a comprehensive remedy to recover in entirety the property trespassed into.

3. The cases do not remain pending for years now in the courts.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. Is it that public use the said area or only your neighbour's caretaker use it? If not objected for more than 12 years about its use, you have been barred by limitation. It will be better for you not to admit that they were using your property for last 20 years. You should report the matter to the police and file a declaratory suit seeking declaration that the property belongs to you after which you should file petition under Order 39 Rule 1 & 2 praying for an order restraining them in using your area till the suit is disposed of  y the Court,

2.to 4.  My advise given above is applicable on the entire area used and/or occupied by them,

5.You shall have to file the case and get a stay order on them otherwise you will keep on fencing your area which they  will keep on dismantling.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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