easement
raghavendra
(Querist) 12 July 2011
This query is : Resolved
sir,
my adjusant house owner without knowing encroched 2 feet site of mine , and he constructed house before 3 years now i come to know about the encroachment , i try to speak with that person but he is not agreeing , now are the steps i have to take , i want my portion of site back otherwise i will have vatilation problem ,
can i break that walls ,
M.Sheik Mohammed Ali
(Expert) 12 July 2011
you may make legal steps only , they wont take easement rights it will take easement rights they using minimum 20 years without interfere, so you take legal action immediately
Advocate Rajkumarlaxman
(Expert) 12 July 2011
Sure.
U can always remember that easmentary rights. he has to leave 3 feet from his place. ie from his border he has to leave 3 feet. so u can always move court for the the same.
Advocate Rajkumarlaxman
(Expert) 12 July 2011
u cannot state that he is done since three years u just state that u came to know and it has been done from the date when u saw.
prabhakar singh
(Expert) 12 July 2011
Expert Advocate Rajkumar laxman has rightly advised you. file a suit of demolition and possession stating it to be a newer one made of late without right encroaching upon your land in your absence about which you have just come to know and requested him to pull down but his refusal has put you with no option but to file the suit.
dev kapoor
(Expert) 14 July 2011
No doubt you could resist the construction at the very beginning but it is too late now.Don't enter into any such enterprise like taking law in your has & demolish the encroachment yourself.What you need is to immediately file a suit for mandatory injunction with consequential relief of possession,apart from the techniques suggested by other experts here.
raghavendra
(Querist) 15 July 2011
thanks for valuable suggestions
may i know what is hte limitation period file this suit for mandatory injunction and possession
sholud i give notice to him , or directly can i file suit for demolition ,
should i mention in the suit or notice like i objected for illegal construction in my land at the time commencing the construction
