• My neighbour encroached on our land

Hi its regarding our house we left some zpace outside our compound wall as it was not a straight line and  planted some small plants in them our neighbours started their house remodelling and before we could realise they included that land in their property and erected a gate and dig a water tank also we complained in police and it was of no use so we filed a civil case in junior civil court they countered that they dont have original documents and submitted only xetox the thing is that my neighbour is physically handicapped and in that  disguise he is claimimg to be innocent and saying that he is using our lanx since 20 years but we bought our land and constructex our house 9 years ago my major question is though they dont jave original documents and we submitted ours 1 year back only why is court dragging this case on what basis can we fasttrack this and moreover his new house elevation comes in my land and they are claiming we cant demolish it even with court order at present case is in junior civils court even our lawyer is not giving any proper information and asking for money every month my main queation is can we demolish structures built by them in our land and without original documents how can they claim its their land
Asked 5 months ago in Property Law from Tirupati, Andhra Pradesh
Religion: Hindu
1) you cannot demolish unauthorised construction without court orders 

2) court has to pass orders that encroachment has been done by our neighbour . You have to prove encroachment done by neighbour 

3) judicial process takes time 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
after court orders you can demolish unauthorised construction . 

2) neighbour cannot seek damages if you demolish encroachments as per court orders

Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hello,
1) As the matter is before the court you must wait for its order and can not take any steps until that happens.

2) His being a physically challenged person will not get him the sympathy of the court and if the construction is found to unauthoried and is upon your property, on being proved they have no option but to demolish it or you can do so with the assistance of the police.

3) You need to wait for the court to order such action. Let your advocate pray for a court commissioner to be appointed who can with the help of surveyor measure the land to demarcate the actual boundaries.

4) Alternately even if the original document is unavailable a search can be done with an order from the court in the village records and the extracts will clearly answer the questions and help resolve the issue before the court.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
You have approached court of law seeking relief and remedy to the problem. 
You have to wait for the decision by curt.You cannot tle law into your hands and demolish the illegal structure that has been put up by them in your property.
If they dont produce the documents  or if they do not have proper document, the court will decide based on the merits of the case and the documentary evidences produced by you in this regard.
You have to have patience while the case is pending trial before court.
You cannot question the court that though they dont have original documents and we submitted ours 1 year back only why is court dragging this case and on what basis.  If you know everything then you should not have approached court at all instead could have used your own sources to remove the encroachment.
Wait for the court proceedings to be concluded and you can decide further course of action after that, do not listen to rumor mongers words and get perplexed.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Can my neighbour ask  for money for damages  if i demolish encroached structures after court orders 

It will be illegal and criminal offence if you initiate action to demolish the structure while the case is pending before a court of law. 
Your neighbor can lodge a criminal complaint for damaging his property which is an offence 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Since your grievance is that there is delay in the disposal of the suit filed in the civil court you may move the HC to expedite the hearing of the case. Nothing except the directions of the HC will come to your rescue. Your lawyer has the right to charge you fee in accordance with the agreed terms of fee.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Your neighbour cannot claim compensation if you execute a decree of the civil court.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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