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What is the statute of limitations for filing a property encroachment case?

What is the statute of limitations for filing a property encroachment case?

Published At July 5, 2024


In India, the statute of limitations for filing property encroachment cases falls under the Limitation Act, 1963. According to this act, the time limit for initiating a lawsuit to reclaim possession of immovable property or any interest therein is typically 12 years. This period begins from the date when the encroachment is discovered or should have reasonably been discovered by the property owner.

Property encroachment cases in India often involve disputes where a neighboring property owner unlawfully extends their property boundaries onto another’s land. These cases are legally treated as trespass and the affected party has 12 years to take legal action from the point of encroachment discovery. If the encroachment is left unchallenged beyond this period, the encroaching party may potentially claim adverse possession rights, gaining legal ownership of the encroached land.

The 12-year limitation period is crucial for maintaining the integrity of property rights and ensuring timely resolution of disputes. Property owners should be vigilant in monitoring their boundaries and addressing any encroachment issues promptly to avoid legal complications. Consulting a real estate attorney early can help in effectively handling such disputes and preserving property rights.

For comprehensive legal guidance on property encroachment cases in India, it is advisable to consult legal professionals who specialize in real estate law and are well-versed in the nuances of property rights and limitation laws.

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