What exactly is an encroachment?
Encroachment is described in real estate as trespassing or intruding on another’s a property without their consent. Although property invasion might put your asset at risk, there are ways to deal with it. In the viewpoint of the law, infringement of property rights carries a penalty. This blog has provided an overview as well as suggestions for how to handle it.
Encroachment is defined as an incident where someone illegally enters or trespasses on another person’s property or land under Section 441 of the Indian Penal Code (IPC), 1860. The encroacher may use or build a structure on another person’s property without their consent in order to frighten or disrespect the property owner. The act is illegal, and Section 447 imposes a punishment of up to three months in jail or a fine of up to Rs 550, or both.
How to Deal with Real Estate Encroachment
There are numerous approaches to dealing with the land invasion. There is, however, a list of documentation you must have on hand to show your legal ownership of the property. These are some examples:
- The title deed
- Mutation
- Revenue figures
- Will Copies
- Original purchase contract
- Bills for electricity, telephone service, and water
Settlement outside of court
It is usually preferable to resolve the situation amicably with the defaulter. This will not only save you time, but it will also save you money and the worry of engaging a legal professional. If an out-of-court settlement does not assist you to find a resolution, it is essential to seek legal assistance.
Legal representation
Following the legal path entails confirming your legal ownership of the property by producing the aforementioned documentation. You must also be able to demonstrate that your property has been infringed upon and must be released. If all goes well, the court will issue an ‘ejectment action,’ which is an order to expel the encroacher off your land. But, be certain that you properly show your title of the property, otherwise you may lose the encroached property to the defaulter. Hiring a reputable and knowledgeable legal professional may be beneficial.
Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.
