Sri Harsha 27 March 2025

Need a perspective opinion

Hey everyone,

I need a option available and what stand can we take with respect to below query

We had purchased land which is 50 by 25 (L×B) on my left side one of my neighbour has constructed his house with as per this size of his property but he has slightly moved his property towards my property due to road drainage and so now we have started a construction in our property with the size alloted to us which will slightly move towards my right side neighbour now the right side neighbour is telling that we have encroached his property and will sue so for this what can be done and I have constructed as per the land size alloted to me and not even taken half inch from his land.

Please provide me with your opinion and views at the earliest

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 27 March 2025

If you have not encroached your neighbour's land then what is your worry about it.

The burden of proof lies on your neighbour to prove that you have encroached his land, you can ask him to proceed and you can challenge the same properly in the court on merits with the support of documentary evidences in your possession.

Sri Harsha 27 March 2025

Thanks for your response.

Also wanted to know can we bring stay order on construction from court if so, when

T. Kalaiselvan, Advocate (Advocate) 27 March 2025

If you apprehend that your neighbor is trying to initiate legal steps against you, then you can file a caveat petition before the jurisdictional civil court against your neighbor to prevent him from getting any stay order against you in your absence, you do not have to obtain any stay order against him when there is no legal course of action has been initiated by your neighbor in this regard.