What Is The Land Encroachment Act & How To Deal With Property Or Land Encroachment?
Many people have aspirations of owning or purchasing real estate, whether for habitation or as an investment. However, if your land is unoccupied or uninhabited, you may have a land invasion issue. Houses are also susceptible to invasion, especially if they are owned by an older person or an NRI. In India, land invasion is widespread and there are several court cases related to it. These situations are becoming more common, therefore it’s critical to understand one’s property rights and how to handle land invasion. This article discusses what land encroachment is, what the Indian Land Encroachment Act states, how to deal with land encroachment legally, and other topics.
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What exactly is land encroachment?
When someone infringes on the property rights of a landowner, this is called encroachment. Unlawfully entering a building or property, or accidentally or purposely extending a portion of the building into another person’s structure. Although there is a very fine line separating the two, land encroachment is also also referred to as property encroachment.
Let’s look at an illustration to show how these two vary from one another. EX… Let’s say Ms. Shweta purchased land in Noida and neglected it—that is, she did not build anything there. Shweta visits the site later and notices a wall has been constructed around her land. This is encroachment on private property.
Here is an illustration of a property intrusion. Mr. Ajay intends to expand the garden onto Mr. Bakshi’s parking area while remodelling his home. It is an intrusion on the property. Although Mr. Bakshi may think it is only a short-term adjustment, it might become problematic if he decides to sell the house.
This is due to Mr. Ajay’s refusal to give up the land that has been invaded rapidly. So, one should be aware of how to handle such a situation.
Difference between trespassing and land encroachment
Sometimes individuals mix up trespassing with land encroachment. These two words, nevertheless, are distinct. Encroachment is when someone utilises someone else’s property without permission. Trespassing, on the other hand, is the illegal entry onto another person’s property without the owner’s permission. Trespassing can take three different forms:
- When a person is prohibited from engaging in a behaviour that they previously engaged in
- When someone enters another person’s land or property with the intent to take possession, they are said to be trespassing on chattel.
India’s Land Encroachment Act
The Indian Penal Code (IPC), 1860, applies to encroachment of land and other property under Section 441 of the IPC. Encroachment, as defined by section 441, is when someone makes an unauthorised entry onto another person’s property. This is done in order to commit an offence, intimidate someone for access to the property, and remain there. The penalty for land encroachment is laid down under section 447 of the IPC. If someone is found guilty, they might face up to three months in jail and a fine of Rs 550. The encroachment is handled by the law in the following ways:
- Trespassing on private property is likewise prohibited under section 441 and is a crime under section 442.
- According to the Land Encroachment Act, the judiciary may order encroachers to halt or refrain from doing so.
- According to the Land Encroachment Act, the judiciary may also demand restitution for encroachment. Based on the current land value and the damage done, compensation is estimated.
- To file a claim for damages, follow Order 39’s instructions (rules 1, 2 and 3)
The Land Encroachment Act’s penalties
A violator of the Land Encroachment Act would be required to pay a fine of Rs 550 or face up to three months in jail, according to section 447 of the IPC. The punishment will be determined based on the offence.
Letter of complaint regarding Land Encroachment Act
The first thing to do if you discover that your land or property has been encroached upon is to submit a letter of complaint to the relevant authorities in accordance with the Land Encroachment Act. Here is an example of a land encroachment complaint letter format: –
Addressing land encroachment on property in a cooperative manner
The ideal method for addressing land encroachment concerns is to follow the guidelines provided in the Land Encroachment Act. One may alternatively choose to resolve the situation in a way that is mutually acceptable. Land invasion problems are resolved using two techniques. A mutual manner and a legal approach are both possible. The mutual manner is further divided into the following categories:-
- The simplest solution to the encroachment issue is mediation. Both time and money will be saved. To make your case, all you need to carry is some property paper.
- Sell and divide: If someone offers their professional advice, you can sell the property and divide the proceeds with the seller and the appraiser.
- Selling a house to an intruder is an option if you’re interested. In this manner, intruders acquire the property’s legal right.
- Give on rent: You can offer property on rent to encroachers who just want it temporarily and don’t want formal possession. Until all legal requirements are met, you can perform this in exchange for payment.
How to deal with encroaching land legally
Each state in India has implemented its own Land Encroachment Act. If a situation like this occurs, a property owner should be prepared to handle the land invasion matter lawfully. Indian law gives property owners the right to protect their land against intruders. Let’s examine the legal options provided by the Land Encroachment Act for handling encroachment cases:
According to the Land Encroachment Act, an injunction is a legal word for an official order from a court that may be permanent or temporary. The permanent injunction in a land encroachment lawsuit is a directive from the court that prohibits encroachers from using the property in any way. In addition, a temporary injunction prevents trespassers from using the land for a specific period of time.
- A landowner may bring legal action against encroachers under Land Encroachment Act Order 39, Rules 1 and 2.
- After the application has been reviewed, a reply must be submitted. The court accepts or rejects the application in accordance with the reply.
- Ex-parte injunction: If only one side responds, the Indian legal system issues an ex-parte injunction. The court does not wait for the other side to respond in this instance.
Alternative Dispute Resolution
Land encroachment must be addressed legally, but this may be a drawn-out and challenging procedure. In addition to taking up a lot of your time, it will also drain your finances. Therefore, you must choose an out-of-court settlement if you are able to do so.
The encroacher may get written notification from you. You can file a lawsuit if the intruder does not depart after a certain amount of time.
Documents needed to establish land ownership
If you choose to resolve the land encroachment problem legally, you may need to produce the following paperwork:
- Title Act
- purchase contract
- Certificate of Mutation
- bills for utilities in your name
The 1905 Land Encroachment Act of Andhra Pradesh
An Act to Establish Controls to Prevent Unauthorized Occupation of Government Owned Lands.
Whereas it has been customary to deter unlawful use of government-owned land by levying a fine or other prohibitory fee, questions have been raised as to the extent to which this practise is permitted by law. Making statutory provisions under the Land Encroachment Act is necessary to prevent such occupancy. The land encroachment act has now been passed by the state legislature. The Andhra Pradesh Land Encroachment Act, 1905, may be used to refer to this law. It encompasses the entirety of the Andhra Pradesh State.
Any person who unlawfully re-enters and occupies any land from which he was evicted under this Section shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both, according to the Land Encroachment Act of Andhra Pradesh.
The 1956 Bihar Land Encroachment Act
According to the Bihar government’s Land Encroachment Act, a Collector may act upon a request made by any person or upon learning from any source that a person has committed an encroachment into any public land or is responsible for its continuation. The Collector may have a notice in the require form issued on the person in question, compelling him to appear to explain his actions no less than two weeks from the day on which the notice was delivered.
Advice on 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.
- Set up a fence or board to surround the land.
- Hire someone who can take care of a property. similar to returning frequently to the location
- 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.
- If you’ve kept a renter, you need go to the closest police station to get the verification done. In several places nowadays, registering for a business is require.
- Make a thorough tenant inquiry, and if you’re a senior, you need to be very cautious.
- Periodically extend the lease agreement on the present terms.
- You should sell the land if the encroacher doesn’t depart.
Wrapping Up:
In conclusion, because land encroachment affects so many people in India, it’s crucial for all property owners to be aware of the Land Encroachment Act. Encroachment issues are resolve in a variety of ways, whether amicably or legally. According to the legislation, encroachers must pay a fine of Rs 550 or risk up to three months in jail. Keep in mind that prevention is always preferable to treatment if you have a vacant property.
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