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How can I prevent illegal encroachment on my property?

How can I prevent illegal encroachment on my property?

Published At July 2, 2024

Answer

To address illegal encroachment on your property, you need to take specific legal steps for property encroachment. Here’s a detailed approach:

  • Document the Encroachment: Gather all relevant evidence, including photographs, land survey reports and property documents. These will be crucial in legal proceedings to establish the boundaries and the extent of encroachment​​.
  • Send a Legal Notice: The first step is to send a legal notice to the encroacher, demanding them to vacate the encroached land. This notice serves as a formal warning and may sometimes resolve the issue without further legal action​​.
  • File a Police Complaint: If the encroacher does not respond to the legal notice, file a complaint with the local police station. The police can take preliminary action and provide immediate relief​.
  • Injunction Suit: Simultaneously, you can file for an injunction in a civil court. An injunction is a court order preventing the encroacher from further encroaching or making changes to the property. 
  • Civil Suit for Possession: File a civil suit for possession under the Specific Relief Act. In this suit, you request the court to declare your title and restore possession of the encroached property. 

Claim Damages: If the encroachment has caused financial loss or damage to your property, you can claim compensation. This can include the cost of restoring the property to its original state and compensation for any loss incurred due to the encroachment​

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