My neighbour has encroached on my Property
8 months ago
My neighbour who lives next door re-built his house .Our house wall adjacent to his house was poorly built and left 2 to 5 inches of our authorised property land in the open which he cleverly occupied while building his house.Now his construction work is almost complete and he has said he did not know about it and would give it back when we construct our house (maybe in next 8-10 years) as demolishing entire wall on all the floors is not possible.There is high chance that they will shift their behaviour in future and would not give the occupied space back.Is there a legal way to ensure that the owner and his family stick by their words when we reconstruct our house and action taken against them if they refuse to do so(like a legal agreement which can be used in court).
Please file suit for injunction under order 39 of C P C 1908 to prevent further encroachment of your property and obtain temporary injunction against your neighbor. Under section 447 of IPC related to the Land Encroachment Act, an encroacher will have to pay Rs 550 as a fine or/and face imprisonment for up to 3 months. The penalty will be decided according to the offence.