Your neighbour can claim adverse possession after period of 12 years if he has open ,hostile ,uninterrupted possession of your land
issue notice to neighbour to vacate portion of your land in his possession
Regarding Squatters rights
Hello all, I own a DTCP approved residential plot in Tiruvallur, Tamil Nadu. It is a vacant land. My neighbour who has constructed his house in the neighbouring plot, is using a portion of my plot to cultivate for his own use with my knowledge but I don’t have any written agreement. I have all the documents, patta, EC, and I pay land tax. 1. In the above situation, is there any chance that my neighbour can claim rights on the property on any basis? 2. If yes, is there anything that I should do on my part to safe guard my land? Thank you.
Asked 2 years ago in Property Law
Religion: Hindu
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6 Answers
Dear Client,
According to a legal notion known as "adverse possession," someone can legally take possession of someone else's property if they use it publicly, ostentatiously, and without the owner's consent for a predetermined amount of time. In your situation, it might be harder for your neighbour to assert adverse possession because you are aware of how they use the land. Check your property on a regular basis to make sure the usage permitted under the agreement stays within the limits you've established. Clearly mark the boundaries of your property with physical barriers such as fences or boundary markers. This can help prevent unintentional encroachment and reinforce your ownership.
. If there is no agreement between you and your neighbor, then he may claim title by adverse possession if the possession of the portion of property is with him for a continuous period of 12 years which is adverse to you.
Hence better enter into a rental agreement and get the agreement registered with periodical renewal in order to have a hold on your property.
Adverse possession, often referred to as “squatter's rights,” is a legal principle that allows a person to claim a property right in land owned by another. This doctrine is based on the idea that if the property owner does not exercise their property rights, they may lose them.
He can’t claim rights but it will be good that you enter into an agreement with him for the use and get the picture clear
1 If he will continue to use that land long period , then he can create trouble for you on the ground of adverse possession.
2. You can construct temporary structure in that plot as showing your possession .
1. In the absence of any written agreement, the risk of your neighbour claiming title and ownership by virtue of his adverse possession, after 12 years of continuous possession and enjoyment, looms large,
2. Either enter into a proper tenancy agreement with him which needs to be duly registered OR ask him to vacate and hand you peaceful possession on or before a set deadline.
