bomneedhelp77 (owner) 24 November 2015

Encroachment of common area by one person

One person in the building is encroaching on the garden space and parking area. Initially all flat owners allowed him to park . Now he is claiming the are is his . Also the ground floor has a garden which we all used to visit. He is claiming that as well. He started parking around 20 yrs ago. All other flat owners are paying property tax and tahsildar's tax etc. How can we get it removed ? Property card is also in the name of individual flat owners. We are not a regd society ? Can you advise how we can get the encroachment removed ? Is it possible that the encroachment has been regularised by the municipality ? What documents should we search for ?

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4 Replies

bomneedhelp77 (owner) 24 November 2015

Also he was a paying guest/tenant to the orginal owner . That is how he entered the building. Can he claim ownership by adverse posession ?

Nitish Banka (lawyer) 24 November 2015

Dear Saablog,

If you have association then seek an injuction proceedings against the person.

Thanks & Regards,

Nitish Banka

9891549997

bomneedhelp77 (owner) 25 November 2015

How do we know if the encroacher has got any legitimate claim /title ? Can the encroacher try to claim the title by adverse posession ?

T. Kalaiselvan, Advocate (Advocate) 03 December 2015

The so called encroacher is a tenant or owner has not been confirmed by you.

You say that he encroached the garden, but whose property is it anyway?

This type of illegal activities shall be a regular affair with the people who have scant respect to law.

even now it is not late that all the members of the apartments join together and form an association/society ad get it registered and acquire the common areas of the apartment in the name of the society, thereafter any encroachment by such unscrupulous people can e checked legally and effectively.