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samuel (data entry operator)     19 February 2021

Encroachment of compound wall

30 years ago my father bought one land in my name. The owner of the plot told that compound wall on 3 sides of the plot belonged to us. We rarely visited the plot after it was purchased. One of the neighbour has constructed 2 bathrooms on one of the walls encroaching 2/3rd of the 1.5 feet wide compound wall. He has made alteration on the top of the compound wall so that it looks like his compound wall. Recently he built a 3rd bathroom encroaching same 2/3rd of the same compound wall. I told him the wall belongs to me and he should not construct above the wall. But he says it is a common wall and he has constructed the bathroom wall in line with the other 2 bathroom walls and that the portion of the compound wall on which he constructed the bathroom wall belongs to him. Is there anyway I can get back the portion of the compound wall on which he has erected his bathroom wall. The length of compound wall encroached by him is about 50 feet. 



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 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 February 2021

You have to send a legal notice   through a lawyer to encroacher and file a suit for injunction order from the civil courts. 

Shashi Dhara   19 February 2021

Issue legal notice to remove it if not to face legal consequence by filing civil suit to remove unauthorized construction.

Dr J C Vashista (Advocate)     20 February 2021

How did you confirm that your neighbour has encroached upon the land owned by you ? Get is measured and settled amicably.

P. Venu (Advocate)     20 February 2021

Prima facie, it is a common wall.  The facts posted are inadequate to allege any encroachment.

samuel (data entry operator)     21 February 2021

The wall was already there when the land was purchased. The person who sold us told that the wall belongs to the property. I talked to the neighbour when I saw he has constructed his bathroom wall over the compound wall, but he insists it is a common wall and he has done nothing wrong. He is unwilling for any settlement. I am interested more in getting back that wall because if I get back that wall I can have a 15 feet wide path to access the land otherwise the widdth of path to access the land will get reduced by 1 or 1.5 feet. I have asked for a plan but not sure if I can get a registered plan that shows the boundaries of both our plot and the neighbours plot. I am thinking of consulting a lawyer, but not sure if there is any possibility to get back the wall after he has constructed his bathroom over the wall. That is why posted this query. Thank you all for replying my query.

Shashi Dhara   21 February 2021

First approach court and take stay immediately.


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