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The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise.
An encroachment agreement is a written confirmation between the City and an owner of a property which allows a structure that extends onto City or public property to remain in place. There is a cost associated with this type of agreement.
What Can I Do About An Encroachment?Talk To Your Neighbor. Your neighbor may be willing to move whatever is on your property over to theirs if it's easily moveable, like a garden.Sell The Land To Your Neighbor.Go To Court.
The penalty for encroachment is provided under Section 447 of the IPC and it includes imprisonment of up to three months and/or fine of up to Rs 550. If you want to deal with encroachment in a legal way, you should approach the court as per Order 39 (rules 1, 2 and 3) for an order of injunction and claim damages.
In simple terms, the law means that if a neighbour of yours moves their fence by a few metres one year, and you do not complain or even mention it for a certain period of time, they could then legally claim to be the owners and occupiers of the land.