What is the Land Encroachment Act, And How Do We Deal With It?

What Is The Land Encroachment Act, And How Do We Deal With It?

Many people dream of owning or purchasing a home, whether for investment or to live in.

If your land is abandoned or vacant, however, you may face a land invasion problem.

Houses are also susceptible to encroachment, particularly if they are owned by an NRI or a senior citizen. Land encroachment is widespread in India, and there are numerous encroachment cases waiting in the courts. Because such incidents are becoming more common, it is critical to understand one's property rights and how to cope with land invasion.

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This article explains what land encroachment is, what the Indian Land Encroachment Act says, how to deal with land encroachment legally, and more.

What is encroachment on private property?

Land encroachment occurs when someone infringes on a property owner's rights. A person unlawfully penetrates a building or property, or extends a portion of the building into another's structure, either purposefully or unintentionally. The terms "land encroachment" and "property encroachment" are interchangeable; however there is a fine line between

the two. Let's look at how these two vary using an example. Assume Ms Sonia purchased land in Noida & left it unattended, i.e., she did not develop anything on it. When Sonia returns to the property after a while, she notices a boundary wall built surrounding her land. This is an example of encroachment on private property.

What is the difference between encroachment and trespassing on private property?

Land encroachment is sometimes confused with trespassing. These are, however, two distinct terms. Encroachment is when someone illegally uses another person's property.

Trespassing, on the other hand, is entering someone's property without or against their consent. Trespassing can be classified into three types:   

When a person is unable to engage in an activity that he previously enjoyed.

When an owner's moveable property is affected, it is referred to as chattel.

A person enters another person's property or land with the intent of taking possession.

India's Land Encroachment Act Encroachment of land and property is punishable under Section 441 of the Indian Penal Code (IPC) of 1860. Encroachment happens when someone tries to enter someone else's property illegally, according to section 441. This is done to conduct an offence, threaten a person for property possession, and stay on the premises. The penalty for land encroachment is set out under section 447 of the Indian Penal Code. If found guilty, a person would be fined Rs 550 and may be imprisoned for up to three months. The law deals with encroachment in the following way:    

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Trespassing on private property is likewise a violation of section 441 and is punishable under section 442.

The judiciary can either stop or limit them from advancing.

According to the legislation, the judiciary can also demand compensation for encroachment. Compensation is computed using the current land value and the amount of money lost.

To seek damages, file a motion with the court in accordance with Order 39. (rules 1, 2 & 3)

The Land Encroachment Act imposes penalties for trespassing on private property.

Encroachers will have to pay a fine of Rs 550 or face imprisonment for up to 3 months under section 447 of the IPC. The penalty will be determined by the nature of the offence.

Land encroachment complaint letter The first step after discovering that your land and property has been encroached upon is to write a complaint letter to the authorities. A sample format for a land encroachment complaint letter is as follows:

Dealing with property infringement in a cooperative manner Land invasion is addressed using two approaches. One method is mutual, whereas the other is lawful. The mutual way is further divided into the following categories:-

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Mediation- Mediation is the simplest option to resolve the encroachment issue. It will save both time and money. To make your case, all you need is some property paper.

Sell and divide- You can seek professional advice, and if recommended, both the encoracher and the property owner can sell property and divide the proceeds.

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Sell a property- If an encroacher is interested, you can sell a property to them.

Encroachers obtain the legal right to a property in this manner.

Give property on rent- If an encroacher only wants the property for a limited time and does not want formal ownership, you can rent it to them. Until legal requirements are finished, you can do this in exchange for money.

What are the legal options for dealing with land encroachment?

If a land encroachment matter arises, a property owner should know how to deal with it lawfully. Property owners in India are allowed to protect their land against encroachers under Indian law. Let's look at some of the legal options for dealing with encroachment cases: 

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Permanent or temporary injunction- An injunction, whether permanent or temporary, is a legal term denoting a court's formal order. The permanent injunction in a land encroachment case is an order that bans encroachers from using the property fully. A temporary injunction, on the other hand, is when the court prohibits encroachers from using the land for a period of time.

A property owner can sue encroachers for violating Order 39, Rules 1 and 2.

After then, the application will be reviewed, and a response will be required. The court either rejects or accepts the application based on the response.

Ex-parte injunction: If only one party responds, the Indian justice system issues an ex-parte injunction. The court does not wait for the opposite side to respond in this matter.

Documents needed to verify land ownership If you choose a legal route to resolve the land encroachment issue, you may be required to produce the following documents:    

Title deed Purchase agreement Mutation certificate Utility bills in your name

Tips on how to keep your land from being encroached upon As we all know, prevention is better than cure, therefore here are a few pointers to help you avoid land encroachment.    

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If you are an NRI or reside far away from the property, give a family friend or relative a well-defined Power of Attorney (PoA).

Place a board or a fence around the perimeter of the property.

Hire someone who can manage a property. Visiting the property on a frequent basis, for example.

By erecting a tiny concrete structure, you can keep a security guard or a tenant.

Remember to keep adequate records for them. You could also employ an attorney to prepare the documentation for you.

If you have a tenant, you should have them verified at the local police station. In some cities, getting your registration done is now required.

Make a thorough tenant investigation, and be extra cautious if you are an older individual.

From time to time, renew the leasing agreement on the current terms.

Conclusion: Many individuals in India are affected by land encroachment, making it critical for all property owners to be aware of India's Land Encroachment Act. Encroachment difficulties are solved in a variety of methods, including amicably and legally. Encroachers must pay a fine of Rs 550 or risk jail for up to three months, according to the law. We believe that prevention is better than treatment, so if you have an abandoned property, be cautious.

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