What should I do if someone encroaches on my property?

Last updated on Jun 7, 2022

If someone encroaches or trespasses on your property or a construction extends beyond the boundary line, there are three ways to resolve it.

Trespass: If someone enters your property:,

  • with the intention to commit an offence or to intimidate, insult or annoy you, or
  • enters lawfully but remains there unlawfully,

it can amount to criminal trespass under the Indian Penal Code1. You can file a criminal complaint against them.

Demarcation of property: The second option is to demarcate the land, by building walls or fences. It fixes the boundaries of the land, assures the protection of the demarcated land and keeps invaders away.

Civil suit for encroachment of property: The third option is to move an application in a civil court and seek orders against the encroachment. You can ask for a permanent injunction stopping anyone from disturbing your possession of land.

  1. Section 441 of the Indian Penal Code defines Criminal Trespass.[]

How useful was this post?

Click on a star to rate it!

Average rating 0 / 5. Vote count: 0

No votes so far! Be the first to rate this post.

As you found this post useful...

Follow us on social media!

We are sorry that this post was not useful for you!

Let us improve this post!

Tell us how we can improve this post?

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

If I have a dispute with someone about land or other immovable property, which court should I approach?

The location of your property is one of the main considerations in deciding which court you should approach to resolve property disputes.

What are the different kinds of disputes with respect to land and immoveable property?

Since land is considered to be one of the most important assets, the range of land-related disputes is huge.

What are Partition disputes and how are they resolved?

Partition disputes refer to disputes around dividing the property of a Hindu Undivided Family as per the Hindu Succession Act 1956.

What are inheritance rights?

When it comes to immovable property, inheritance refers to the transfer of a property’s ownership after the death of an individual.

How do I address a land measurement dispute?

Land measurement disputes can be resolved by getting assistance from the government surveyor to conduct a joint survey.

What should I consider when I am buying a house or land?

Two aspects to consider when buying a land or house, is knowing whether price of house is fair and dispute free ownership.