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What legal steps can I take to remove encroachers from my property?

What legal steps can I take to remove encroachers from my property?

Published At June 26, 2024

Answer

Legal Steps on how to remove encroachers from property: 

  • Legal Notice: Start by sending a legal notice to the encroacher. This formal document should outline your ownership rights and demand the removal of the encroachment. It serves as a preliminary step before any legal action and can sometimes resolve the issue without going to court.
  • Injunction Order: Apply for an injunction under Order 39, Rules 1 and 2 of the Code of Civil Procedure. This court order can prevent the encroacher from making further changes to the property until the dispute is resolved. There are two types of injunctions:
    • Temporary Injunction: Restricts encroachment temporarily during the legal proceedings.
    • Permanent Injunction: Ensures that the encroacher refrains from any future encroachment permanently once the court rules in your favor.
  • Civil Suit for Possession: File a civil suit under Section 5 of the Specific Relief Act if you possess the title to the property. This legal action can help you reclaim possession from the encroacher by proving your ownership and the encroachment.
  • Eviction and Demolition: After obtaining a favorable court judgment, you can request an order for the eviction of the encroacher and the demolition of any unauthorized structures on your property. This step ensures that your property is cleared of any illegal occupants.
  • Claim Damages: Alongside eviction, you can claim damages for any loss incurred due to the encroachment. This includes compensation for physical damage to the property and any mental distress caused.
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