What if someone encroaches on the property?
If someone encroaches on your property, you can take legal action to protect your rights. Learn more about the legal remedies available to you in specific situations and applicable legal procedures here.
Actions to be taken if someone encroaches on the property :
1. Communicate with the opposite party :
Start by contacting the person responsible for the encroachment. Try to resolve the issue amicably by politely asking for the aggression to be removed. In some cases, he may have unknowingly encroached on your property, and communication can resolve the issue smoothly.
2. Legal Notice :
If the person encroaching on your property does not heed your request, you can send a legal notice asking them to remove the encroachment within a specified period. The notice should clearly state that legal action will be taken if the encroachment is not rectified and if the person continues to occupy the property in spite of that, prosecution should be initiated.
3. Mediation :
You may also consider engaging in mediation or negotiation to resolve the issue before proceeding with litigation. This may involve mediation by a neutral third party to avoid unnecessary litigation and costs. Mediation helps both parties reach a mutually acceptable solution.
4. Filing of suit :
If all the steps I mentioned above fail, you can file a suit in a civil court seeking remedies like eviction of the squatter, recovery of possessions and damages for your losses.
The specific law applicable in this situation depends on the location of the property to be sued. For example, if the property is situated in a metropolitan area, depending on the nature of the encroachment, the relevant laws may include the Specific Relief Act, 1963 or the State Land Revenue Act.
Before proceeding with the case, consult with an attorney who specializes in property law, who will provide clear legal advice on the appropriate legal course of action in the case.
Find out more about whether police can intervene in civil cases here is the link : Can police interfere in civil matters?
