• To prevent encroachment of land

I am staying at my workplace, 250 km away from my native place/home town. I visit there once in one or two month. I want to buy a land property at my native place/home town. After purchasing, there may be any chance of illegal possession of land in my absence. My question is:
1) what should I do before and after purchase of land to avoid encroachment in my absence??
Asked 3 months ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

Lawyers are available now to answer your questions.

19 Answers

1) fence the land 

 

2) if you build house install cctv cameras 

 

3) you can post security guard if you are not staying there 

 

4) you can also give premises on rent to get steady income but do register leave and licence agreement 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

- After purchasing the said land, you must have some evidence/proof to show your physical possession of the land. 

- So, if it is open land then you should put a fence around the plot, and build a at least a temporary shade room there.

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

After purchasing the property you can secure the property by fencing the boundaries either by barbed wire fencing or a concrete compound wall. 

You get property revenue records transferred to your name and also the property taxes.

Additionally you can deploy a security staff 

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

There is fool proof mechanism to avoid crime.

There are preventive measures only which include fencing your property and keeping watch on it by visiting it from time to time. 

Devajyoti Barman
Advocate, Kolkata
23151 Answers
506 Consultations

Hello, 

  1. First of all, you must get a property search carried out to see that the seller has clear title to the property and it is free from all encumbrances and there are no impediments to the purchase.
  2. Once you have ensured clear title and that there is no existing litigation, you can purchase the land by a registered agreement for sale.
  3. Once the land is bought, you must you must erect a boundary wall and put barbed fence and a board with your details. 

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

BEFORE THE PURCHASE:

Title Verification: Conduct a thorough title search to verify the ownership history and ensure there are no disputes or pending litigation related to the property.

Physical Inspection: Visit the property personally or appoint a trusted representative to inspect the land physically. Take note of the boundaries and any existing structures.

Documentation Review: Verify all legal documents related to the property, including ownership documents, previous sale deeds, and tax receipts.

Local Regulations: Familiarize yourself with local land laws and regulations to understand your rights as a landowner and the procedures for registering the property.

Neighborhood Inquiry: Talk to neighbors or local residents to gather information about the area, any potential disputes, or instances of encroachment



AFTER THE PURCHASE:

Secure the Property: Install boundary markers or fences to clearly demarcate your property boundaries.

Regular Monitoring: Visit the property periodically, if possible, or appoint someone trustworthy to visit and inspect the property in your absence. This helps in detecting any unauthorized occupation early. 

Installing CCTV cameras: In case of any encroachment or unauthorized occupation, CCTV footage can serve as crucial evidence to support legal action.

Legal Notices:  If you suspect any unauthorized occupation or encroachment, immediately issue legal notices through a lawyer to assert your ownership rights and demand vacation of the property.

Local Authorities: Keep local authorities informed about your ownership and visitation patterns. They can assist in monitoring the property and taking legal action against encroachers if necessary.

Lease or Rental Agreements: If not using the property immediately, consider leasing or renting it out under a legally binding agreement to ensure regular monitoring and use.

Gaurav Ahuja
Advocate, Faridabad
75 Answers

You have to protect it from encroachment by building an all-round compound wall or a barbed-wire fence. Additionally, you may erect a notice board saying that you are the legal owner of the land and trespassers will be prosecuted.

Swaminathan Neelakantan
Advocate, Coimbatore
2887 Answers
20 Consultations

Dear Client,

Before purchasing the land, conduct thorough due diligence by verifying the property's title and ownership history through official land records and engaging a reliable local lawyer to draft a comprehensive sale agreement. After purchasing, erect clear boundary markers or fencing, regularly visit or appoint a trusted local caretaker to monitor the property, and establish good relations with neighbours to stay informed about any suspicious activities. Ensure all necessary documents, such as the sale deed and updated land records, are securely stored, and consider registering the land under your name in local government records to maintain legal clarity.

Anik Miu
Advocate, Bangalore
9981 Answers
117 Consultations

Proper title check  from purchase and after purchase, wire fencing pr wall with gate and board with owner name. 

Yogendra Singh Rajawat
Advocate, Jaipur
22944 Answers
31 Consultations

 

  • Verify the land's ownership and title documents meticulously. Ensure there are no disputes or pending legal cases.
  • Check for any existing encroachments or claims on the land.
  • Confirm the land's zoning and permissible usage

 

Romesh Pratap Singh
Advocate, Gwalior
23 Answers

- You can enquire from the office of sub-registrar of that area where the property is based. You can also get a certified copy of the property documents. 

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

Contact a local lawyer 

 

he will take 30 years title search and submit title search report as to whether title is clear and marketable 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

You can engage the services of an advocate who will file an application before the concerned sub registrar for tracing of title of the proeprty you desire to have a search

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

It can’t be predicted but if any illegal possession is taken you can take legal action. It’s better to demarcate the boundaries and create wall or other arrangements 

Prashant Nayak
Advocate, Mumbai
32330 Answers
194 Consultations

Seller will provide you copies of chain of documents. That can be study by any lawyer. 

Yogendra Singh Rajawat
Advocate, Jaipur
22944 Answers
31 Consultations

You need to engage a competent lawyer and ask him/her to scrutinise the title documents and render his/her valued opinion in writing, before you venture to purchase the property.

Swaminathan Neelakantan
Advocate, Coimbatore
2887 Answers
20 Consultations

Dear Client, to conduct a property or title search before purchasing land, visit the local sub-registrar's office where the property is registered to obtain copies of relevant documents like the title deed, previous sale deeds, and encumbrance certificate. Engage a lawyer or a title search company to verify the property's legal history, ensuring there are no outstanding liens, mortgages, or disputes. Check the property's ownership chain, confirming the seller's legal right to sell, and ensure the land use complies with local zoning laws. This thorough investigation helps mitigate risks and secure a clear title.

Anik Miu
Advocate, Bangalore
9981 Answers
117 Consultations

1. First of all get due diligence report from a lawyer about the said property i.e. get the property thoroughly searched from the office or the Registrar and also nearby Courts.

 

2. Release advertisements in local dailies about your intension to purchase the said property.

 

3.Enquire from the local Municipality/Panchayat about any encumbrance on the property.

 

4. After registering the sale deed, take physical possession of the said property and try to fence it with gate if possible.

 

5. If possible, post security guard for some time to ensure that there is no encroachment in to your said land.

Krishna Kishore Ganguly
Advocate, Kolkata
27353 Answers
726 Consultations

Contact a lawyer for making the search of the property.

Krishna Kishore Ganguly
Advocate, Kolkata
27353 Answers
726 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer