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Shruti Tandel (Law)     12 May 2013

Property encroachment

Hi All,
 

I am seeking expert advise from a lawyer who contributes to this forum please.

My grandfathers ancestral property was shared between my dad and his brother in 1996 and the intial plots of the properties next to each other were: property1= plot- 134 square meters and property2= plot- 150 square meters. After the partition, although my dad was eldest he received a small plot of property1= plot- 137 square meteres and his younger brother received property2= plot- 147 sqaure meters.

Now after all these years my dads brother is planning to build his property, but in his planning permission plot map he has used the old deed papers and used a plot area for his property (property2) as 150 square meters. This is wrong as he will be entering into my dads land by 3 square meters. 

Can you please tell me what action my dad can take against his brother for intention to trespass into my dads property? In terms of stay order and legal action for breaching the partition deed.

Your help and advise will be much appreciated. Thank You

Kind Regards

Shruti



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