Neighbour encroached my site. please help on next steps

Jeevan Auslr (Querist) 29 March 2021 This query is : Resolved
Respected lawyers of the forum,

My father owns a vacant site which he bought in 2000 in Bangalore North, it was 30*60. However subsequently our neighbour has purchased site next to ours from the same land owners the site size was 50*60 however it was registered to them as 55*60 in 2010. In 2015 they have built their house which clearly encroaches into our site and have taken our 5 feet reducing our site size to 25*60, however they show documents that shows that they were registered that extra 5 feet by the land owners. They have a compund wall covering upto 3 feet and then their structure is built.

Now we have tried to settle amicably but the neighbour is not cooperating. We have all the title deeds, khata, property tax paid receipts etc to prove our ownership of the site for 30*60 from year 2000.

I really want your help in next possible steps.
Can we remove their compound and claim the 3 feet inside it, if not what other ways are there for us to recover or get compensated for this.

Thank you,

Jeevan

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Quick Summary

A property owner is seeking advice after their neighbour encroached five feet onto their land to build a house, reducing their site size. Despite attempts at an amicable settlement, the neighbour is uncooperative. The owner possesses all necessary title deeds and receipts to prove ownership of the original 30x60 site. They are asking for guidance on the next legal steps, including whether they can reclaim the encroached land or seek compensation.

Advocate Bhartesh goyal (Expert) 29 March 2021
You have to file mandatory and prohibitory injunction suit against your neighbour in civil court and sought relief for removal of five feet boundary wall which he has encroached also to seek Prohibitory injunctions and get restrained him not to make constracions in future.

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Sankaranarayanan (Expert) 29 March 2021
yes i do agree with the suggestion given by the expert sir Bhartesh Goyal ji

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Jeevan Auslr (Querist) 29 March 2021
Thank you Bhartesh sir for your reply. I missed some info in my original question. So basically the original land owners who made their land into a layout sold our site to party A in 1993 who then sold it to us as 30*60 in 2003, and the land owners also sold a 40*60 plus a piece of land 10*60 in b/w our and the encroaching site making it total of 50*60 to party B in 2007, however during this sale the site was made 55*60 thus encroaching 5 feet into our site. Party B then later sold it to our neighbour in 2014 who built house in 2016.

So considering this can I still file the said suits against my neighbour directly or should I do it against Party B or original land owners, none whom I know or where they are. Thank you

kavksatyanarayana (Expert) 29 March 2021
I opine, as per your last query, you have to consult a local advocate with all the copies of the documents which you have mentioned with the site plan. If you have no site plan, apply a copy for this.

krishna mohan (Expert) 30 March 2021
If your salle deed is the oldest, it can not be altered by the seller unilaterally. You have to consult a local lawyer to peruse all title documents you are referring to initiate a litigation to seek court directive to restore your registered area and quash the additional area. If the seller is same, you can include them also as the respondents to demand specific performance of ensuring the land without any encroachment as conveyed to you.

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