Neighbor built part of his building in my land.
Samson
(Querist) 17 April 2010
This query is : Resolved
Hi,
i have a land of 300 sqyds(60 feet X 45 feet) and the owners of the plot behind our plot have occupied part of our land to the extent of 4 feet X 45 feet.
We stay far away from the land and never bothered to actually check the boundaires before, now we decided to built the house and asked a private surveyor to survey our land and he said that our plot ahs been occupied to the above said extent.
Please advise what should be our course of action as the other plot owners are reluctant to release the land to us.
Thanks you so much in advance for your advise and help.
Thanks,
Samson
Parveen Kr. Aggarwal
(Expert) 17 April 2010
If for the land revenue records are maintained, you may file an application for demarcation. Once land is demarcated and reported by an official of the Revenue Department that your neighbour has encroahced upon your land, you may sue him for possession of your land as well as for mesne profits (use and occupation charges) from him.
Kiran Kumar
(Expert) 18 April 2010
take both civil and criminal remedies.
the civil remedy will be a time consuming exercise so the criminal proceedings will help you to pressurise the trespasser.
G. ARAVINTHAN
(Expert) 18 April 2010
better to file a suit for perpetual injunction and a mandatory injunction to remove the wall(if there is construction with in your area
Guest
(Expert) 18 April 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING ILLEGAL CONSTRUCTION AT YOUR LAND KINDLY NOTE THAT.
1.YOU MAY APPLY TO CITY SURVEY OFFICE FOR COPY OF YOUR PROPERTY OWNERSHIP EXTRACT AND ALSO APPLY TO COLLECTOR OFFICE FOR GIVING LAND OWNERSHIP EXTRACT OF 7/12, AS PER LAND RECORDS.
2.ONCE YOU GET THESE OWNERSHIP DOCUMENTS BEARING YOUR NAME THEN YOU MAY FILE A CIVIL SUIT FOR INJUNCTION AND ALSO PRAY FOR POSSESSION OF SAID PORTION OF YOUR PROPERTY ILLEGALY POSSESSED BY THE NEIGHBOUR.
3.KINDLY NOTE THAT BEFORE FILING CIVIL SUIT YOU MAY OFFICIALY SEND A LEGAL NOTICE TO THE NEIGHBOUR MENTIONING ALL FACTS AND ASK HIM TO VACATE YOUR PROPERTY.
IN CASE HE IS NOT RESPONDING WITHIN NOTICE PERIOD THEN YOU MAY FILE A CIVIL SUIT FOR INJUNCTION AND POSSESSION.
4.YOU MAY FILE A CRIMINAL CASE ALSO AS REMEDY WILL BE SPEEDY AS THE PERSON WILL BE SCARED OF POLICE ACTION. OF COURSE YOU GET YOUR CRIMINAL COMPLAINT PREPARED FROM CRIMINAL EXPERT LAWYER AS IT SHOULD INCLUDE CERTAIN OTHER FACTS TO ATTRACT CRIMINAL ACTION PLEASE. NOTE.
YOU MAY WRITE OR CALL FOR ANY FURTHER HELP
WITH BEST REGARDS TO YOU ALL.
THANKS.
Silabhadra Sastry Advocate
(Expert) 19 April 2010
Dear Mr.Samson your case is a present disease in society.The easiest way left for you apply for the demarcation before your Govt.Authority,after demarcation apply to the Building Plan Approving authority of your locality,then start the encroachment and illegal construction case against neighbor,evict them through the planning authority by help of police.The other alternate is file a civil suit in the local civil court asking for Eviction, Declaration of your Right,Title,Interest & Possession, and during course of trial ask for a Survey Knowing Commission to be Appointed by court to demarcate the land.Silabhadra Sastry,Advocate,Bhubaneswar at shastry.adv@gmail.com
