Property encroachment is a major issue across several parts of India. Trespassing and encroachment are often problems that result from not occupying or using properties for longer periods at a stretch. Empty homes/buildings and land are thus highly vulnerable towards encroachment.
Owners of properties should have proper information about their legal rights with regard to tackling such infringements. Those living in other locations with properties that are unattended elsewhere should also have knowledge of the same.
What do we mean by property encroachment?
Here are some points that you should remember:
• Section 441 of the IPC (Indian Penal Code) states that encroachment means whenever anyone enters upon/into property that is possessed by another, with the intent of annoying/insulting/threatening the one in possession and illegitimately remaining in the same.
• The penalty for this offence is mentioned in Section 447, including imprisonment for up to 3 months or a fine up to Rs. 500 or even both.
How can you handle property encroachment?
There are multiple ways to deal with property encroachment. However, you should have all your property documents in hand, including legal proof of ownership, revenue records, mutation, title deed, will copy, electricity and telephone bills, water bills, and the original purchase agreement. If the title deed is lost or untraceable, then a formal complaint should be filed at the earliest in this regard.
Here are some options worth looking up:
• An eviction notice or injunction order from the Court will help you fast-track the procedure. You can always get legal assistance from a professional along with contacting the Tehsildar for measuring the land area to identify the extent of property encroachment.
• A permanent injunction will ban the encroaching parties from the property for life. Temporary injunctions will restrict the same for a limited duration only.
• Ex-parte injunctions are given when defendants are either absent or do not appear in front of the Court. The one does not want to be present gets the injunction in a one-sided hearing.
• You can claim damages resulting from such encroachments. You may also sue encroachers for property damage and psychological harassment. However, these may be long-drawn legal procedures at times.
• Out of court settlements may be helpful for swiftly reclaiming your legitimate property ownership without going into cumbersome legal proceedings. The encroacher may wish to use the property for a specified length of time and in this case you can enter into a written legal agreement while retaining full ownership. If the encroacher wishes to leave the space and wants to fix the issue, a good way is to sell the space in question.
