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Dear Client,
Unauthorised encroachment of others land, even by mistake, may land the encroacher to face criminal prosecution for an illegal encroachment and criminal trespass triable under Section 441 of IPC(Section 329 of BNS) once an FIR/ complaint is lodged by the aggrieved party in the police station or the jurisdictional court. Further, as per the topographical land survey, layout marking and demarcation are done, inclusive of roads, plots, commercial spaces, and extra spaces for public use, etc. The demarcation is almost purely a technical operation, carried out jointly by the surveyors, acting as boundary engineers, of both parties. Post-survey of the land, a unique survey number is allotted for plots based on the topographical location of the land. Property demarcation means physically dividing the property into metes and bounds (i.e., the area and boundaries of each property will be made), the rules and procedure of which may vary from state to state. Only the recorded owners of the property can apply for demarcation to the Tehshildar/Land Revenue Officer, or it can be done on orders from a Court. Hence, if the dispute is not resolved mutually, seek legal advice from an experienced property Lawyer to understand your rights and remedies to navigate the matter legally and effectively.
Posted On 05-Nov-2025
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