legal notice for land encroachment

In the very late 20th Century, the real estate market witnessed an instant boom, until the process of demonetization was introduced. A property of any type could be an asset, thus, people invest a hefty amount of money to achieve a plot of land of their own.

However, with a rapid increase in the investments in the real estate industry, rampant land encroachment across India has also increased. The local Gundas prey upon empty land or properties which have been left vacant or unused for a long time. The owner of such properties could be living in different cities or are NRIs, elderly persons, heirless couples etc. therefore, the Legal Notice for land encroachment acts as a warning before any legal action could be taken. Therefore, a legal notice for encroachment in India shall not be taken lightly.

What does Encroachment mean?

Encroachment could be understood as “intrusion on a person’s territory, rights, etc.” Encroachment in a legal terms has been explained in the following way:

• When one or a group of people have illegally constructed over a person’s property or has taken physical possession without any lawful right, title or interest.
• In India, if an encroachment is in anyone’s private property, then the remedy which is  available under both Civil and Criminal laws.

Encroachment could be on private land and public or government land as well.

If an Encroachment takes place in a public or Government land, it could be referred to as a “Civil Wrong under the principle of the Law of Torts”.

When can you send a Legal Notice for Encroachment?

A Legal Notice for Encroachment in India can be sent in the following mentioned situations:

• When a person or group of people illegally trespass or invade someone else’s space or land
• When people capture the house or dispossess the true owner of the property.
• It is often observed, if a property or a piece of land has not been properly demarcated with a fence or boundary wall, the owners of adjacent land would gradually encroach upon  the land.

Measures you must take to avoid Encroachment

Preventive measures to deal with encroachment have been discussed as under:

• You must keep your name up-to-date in all related documents.
• Sometimes people buy a property,  however in order to save the stamp duty they do not  complete the registration procedure. Some people do not even bother to change the name in the mutation certificate. You must ensure to avoid this
• You have to keep all the ownership-related documents updated.
• You have to pay all taxes and government fees regularly.
• One must keep in touch with the neighbours and maintain a good relationship with them; as they could inform you about any suspicious activity at your premises. 
• It is advised that you register a Deed of Boundary Declaration before the concerned Registration office.
• You must also put a high and concrete boundary wall.

How to draft a Legal Notice for Encroachment?

As every case is different from another, on the basis of the situation related to it, only a lawyer will be able to suggest the best way to deal with it.

Therefore, when drafting notice, there are numerous essential points to be kept in mind, such as:

• Name, description, and place of residence of all people who have committed the encroachment.
• Name, description, and place of residence of the person sending the notice.
• A detailed description of the property which is encroached.
• Details about the cause of action.
• Relief which has been claimed by the sender of the notice.

In order to make sure that you are sending a legal notice appropriately, you may contact us at Lead India, as we offer you a team of experienced advocates who could assist you with matters related to property disputes. Thus, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.  

How can we help you?

Worried about the Encroachment issue? Seek assistance from Online Legal India and send a legal notice to the defaulter with aid from our erudite lawyer’s. We serve 24*7 and you can book any service from any nook or corner of India. We have a highly qualified team who give 360° corporate legal assistance.