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Harshith Kumar   06 June 2025

My neighbour has encroached my site

In 2020 I sold two plots as 30x80 ft. However, the actual measured dimension was 30x79 ft, with the one-foot difference attributed to a drainage line constructed around the layout. The original buyers acknowledged and accepted this difference verbally, understanding its purpose, but this agreement was not documented in writing. Recently, one of these original buyers sold a portion of their land, specifically 30x39 ft, to a new individual. This new buyer has now encroached upon our adjacent property. Their justification for this encroachment is an alteration of the plot dimensions to 31x39 ft. They claim this increase in the East-West dimension (from 30 to 31 ft) is to compensate for a one-foot reduction in the North-South dimension, which they measure as 39 ft. It's crucial to note that the original documented dimensions for this portion of land were 30x40 ft (totaling 1200 sq ft), whereas the new buyer is now claiming 31x39 ft (totaling 1209 sq ft). Does buyers have an option to encroach and compensate their difference?? What should be my next step


Quick Summary
A property owner sold two plots in 2020 with a documented size of 30x80 ft, though the actual dimensions were slightly smaller due to a drainage line. The original buyers verbally accepted this. One buyer later sold a portion, and the new owner claims the plot is now 31x39 ft, encroaching on adjacent land. They argue this is compensation for a reduced North-South dimension. The advice given is that a buyer cannot legally encroach on extra land, even for compensation. The next steps involve issuing a legal notice to vacate, and if unsuccessful, filing for mandatory and permanent injunctions with the help of a local lawyer, after getting the land officially measured.

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     06 June 2025

The buyer cannot occupy any extra land other than the extent he purchased.

If he has encroached then you issue him a legal notice to vacate the encroached portion immediately and deliver possession failing which you can file a suit for mandatory injunction to direct the neighbour to vacate and deliver possession of the encroached portion and permanent injunction to restrain him from interfering in your possession and enjoyment of your property .

R.K Nanda (Advocate)     06 June 2025

Take help of local lawyer as your matter is complicated. 

1 Like

Dr. J C Vashista (Advocate )     07 June 2025

Get the land measured by competent authority and take appropriate action.


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