Property Knowledge: Real estate is considered the safest investment because it cannot be stolen like money or jewelry. However, there is always a risk with land and houses and that is the business. Especially when you have rented out a house or vacant land to someone or have not paid attention to it after buying it. Many people encroach on vacant land and build temporary structures.
Real estate is considered the safest investment because it cannot be stolen like money or jewelry. But, there is always a risk with land and house and that is business. Especially when you have rented out a house or vacant land to someone or have not paid attention to it after buying it. Many people encroach on vacant land and make temporary constructions. Disputes related to the possession of land and houses are arising every day across the country. People also go to the police station and court regarding disputes related to these lands.
Legal resolution of such disputes can be lengthy, so do not let a situation arise where you have to go to court. Encroachment or illegal possession is considered a crime in India. There are also legal provisions for this. In such a situation, it is important to know the legal ways to deal with land encroachment.
Land encroachment is when a person illegally occupies or usurps the land and property of another. Usually, a person builds a temporary structure to encroach on the land.
What does the law say?
Encroachment on land is considered a crime in India. Section 441 of the Indian Penal Code (IPC) applies to cases related to encroachment on land and property. If a person takes possession of land or house with wrongful intent and in an illegal manner, he can be punished with fine and 3 months of hard labour under Section 447.
What to do if your property is illegally occupied?
Meanwhile, if someone has illegally occupied your land or property, first complain about it to the concerned authorities. The landowner can file a case against the encroachers. After filing a petition in the court, the court can stop the encroachment and also order compensation.
In the case of land encroachment, the court decides the amount of compensation based on the value of the land. In case of any damage to your property during illegal occupation, the complainant can claim compensation under Rules 1, 2 and 3 of Order 39. Also, the problem of land encroachment can be resolved by mutual consent. These include options like mediation, partition of land, sale and lease of property.
