If your land or property is left neglected, property encroachment is fairly prevalent in India. Property encroachers frequently target vacant or unoccupied properties as easy targets.
The legal definition of Property Encroachment
Encroachment, as defined under Section 441 of the Indian Penal Code (IPC), 1860, occurs when someone enters property that belongs to another person without permission to conduct a crime, threaten, or when someone who owns the property stays there unlawfully. A fine of up to Rs 550 and/or up to three months in jail is possible sanctions under Section 447 for the same offense.
Example
Mr. Jay intends to expand the garden onto Mr. Vishnu’s parking area while remodeling his home. It is an encroachment on the property. Although Mr. Vishnu might think it is only a short-term adjustment, it might become problematic if he decides to sell the home. This is due to Mr. Jay’s refusal to give up the land that has been invaded rapidly. So, one should be aware of how to handle such a situation.
Categories of Encroachment
Property invasion may occur accidentally or on purpose. When boundaries are unclear, it is unintended. The encroachment is the subject of a suit.
Trespassing and encroachment are not the same things. Trespassing is when someone enters someone else’s property without their permission. It is an unauthorized intrusion into someone else’s property. Building a building, for example, is not necessary. On the other hand, property encroachment involves altering the property’s structure or status in addition to making an unauthorized entry.
Guidelines for preventing encroachment on the land
Here are a few suggestions that might lessen the likelihood of land invasion since, as we all know, prevention is always preferable to treatment.
- If you are an NRI or reside distant from the property, provide a family friend or relative a Power of Attorney (PoA) with clear instructions.
- Enclose the property with a board or a fence.
- Take care of the property by hiring someone. Visiting the property frequently, for example
- By erecting a tiny concrete structure, you may retain a security guard or a renter. Do not forget to properly document them. A lawyer is also an option you might use to draught the paperwork.
- You should have the verification performed at the closest police station if you have maintained a tenant. There are several cities nowadays where registration is required.
- You should do a thorough tenant investigation, and if you are a senior, you need to be very vigilant.
- Periodically extend the lease agreement on the present terms.
The owner’s legal options and potential retaliation measures
- Both civil and criminal laws prohibit trespassing. Under the Indian Penal Code, trespass with criminal intent is an offense. According to the law, the owner may use force to eject the intruder if the situation warrants it. He can murder the invader or inflict terrible harm.
- The landowner has the right to defend his property by forbidding encroachment.
- The owner may file a police report alleging criminal trespass.
- An injunction lawsuit may be brought by the owner. It is a court order that directs the offender to carry out or refrain from carrying out a certain act. The instruction may be either temporary or ongoing.
- Also, the owner is entitled to damages. The sum is what the owner received as compensation for the loss he experienced. Damages for psychological injury are also acceptable.
The amount of relief to be given depends on several things. If the damage done to the owner is irreparable, the court mandates the removal of the encroachment. Sometimes the intrusion is unintentional. The burden brought on by the encroachment’s removal is significantly more than the owner’s loss. In that case, the Court cannot direct that encroachment be removed. Title documents and local survey maps are required to be on hand by the owner. It will support his defense against the encroacher.
Conclusion
All property owners must be aware of India’s Land Encroachment Act since many individuals in India experience land encroachment. Encroachment issues can be resolved in several ways, including cooperatively and legally. A violator of the legislation might be sentenced to up to three months in jail or a fine of Rs 550. We will suggest that prevention is preferable to treatment, so be cautious if you have a vacant property.
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