Prakash (Manager) 19 March 2018

Encroachment of portion of land and construction of resident

I have a plot (Tamil Nadu) in which I have already constructed independent house ten years back. In my plot rear side some portion we left unconstructed. Now neighbour of rear side plot started and completed construction of residential building recently. He encroached and constructed his home in the left over portion of my plot also. He has constructed his building within his limit. But, compound wall of 7ft height with steel grill installed over wall is constructed, which is encroached in my plot. He is not accepting his mistake / encroachment and planning to sell the newly constructed building to someone. Please advise on followings

Legally / as per rules how to prove him that he encroached my plot
If I have to remove encroachment, what course of action shall I have to take legally?
What action I have to take, to avoid him of selling of his newly constructed home by encroaching my plot?
In case, If I get compensated for the portion of land he encroached : to avoid future issues during selling of my home to someone / deed changing to my blood relations, whether I have to change my original sale deed with new area / size details. If yes what will be the procedure?

Kindly advise.

Reply Follow

3 Replies

R.Ramachandran (Advocate) 19 March 2018

I think he constructed the 7ft high compound wall within a day.

I also think that he constructed the said compound wall only yesterday.

Please confirm.

Prakash (Manager) 19 March 2018

Neighbour's building constructed two months back within his plot limit (as i mentioned above) my parents who is staying in india witnessed this when they visited in Feb-2018. (as they are staying in another home)

Compound wall and grill they installed in short time. this was noticed by my parents during their recent visit. (in mar-2018)

I am an NRI. I have rented my home. The tenant also not avialbale in home during last one month.

R.Ramachandran (Advocate) 19 March 2018

Then, if you are sure, better approach a local lawyer who is well versed in property law, show the documents in your hand, discuss the matter and file a suit for removal of the compound wall from your area.

Once you file a case and make the matter pending in Court, make sure that this information about court case is informed to other neighbours etc., so that any prospective buyer is aware of the same and will be thinking twice before purchasing the same.

You have to act fast.