Illegal Encroachment

[Tejsharma]

Dear Memebrs,

I have a 30 * 40 BDA site in Nandini layout. The neighbor has illegally encroached 1 ft of the land all across the length i.e 1* 40 = 40 ft of land
He has constructed the house without leaving the compound space which means his living room and utility area have occupied 40 ft of our land.
He has also threatened that he has good high court lawyers on his side.
He has refused to show his papers and we have put an RTI for his exact site dimension.

If he is on the wrong side, I wanted your suggestion as to what is the best option for us

1) Negotiation - asking him to compensate for the land area?

2) if he refuses, and if we went to file a case in the court- would the court put a stay order on our construction and wait till the case is resolved - which could take years along with the pain/ lawyer fees and bribing many officials.

3) Demolish some part of his construction - at least the utility area?

This is extremely disappointing and we are new to this- if there are any options the members could suggest, Please let me know

Thanks
Tej

[blrsiteseeker]

Good luck. This is quite common - not that will make you feel better.

1. If he is talking about connections etc. I doubt he will work on the Negotiation idea. But does not hurt to try that first.
2. Good luck going to court. They will on drag it on and on for ever. One of our acquaintances was going to court for the last 30 years and he even passed away before the case was settled. But then there is no other alternative, if he does not agree to the negotiation aspect.
3. Demolish part only comes into play if he agrees to it directly or the court settles it that way, so that is not an option you can pursue yourself.

If your documents show the dimensions, why would you need his documents through RTI.

You seriously need a very good lawyer immediately.

Once again Good luck.

[prem_shankar]

Try to bring him to the negotiation table. If he is not obliging, then see if you can get some influential persons to interfere and settle it out (such gentlemen should be treated in such a "gentle" way). Even if that doesn't work, you can go to court and its indeed a very very long process. Consult a good lawyer.

That is the reason one should visit their sites very often and keep a check. You could have visited the site when he started construction and mark the boundaries. Always fence the property, spending little on this will save your property and most importantly the peace of mind.

Good Luck.

[msn1270]

Tej

You need lot of patience and invest time to fight for these kind of matters. Do not give any importance for his good lawyer network...etc.

First consolidated all your property related documents and measure your plot dimension as per your layout plan and reconfirm the encroachment details.

Secondly, through RTI, apply and get the sanctioned plan of your neighbour's Building from BBMP. If there is any violation in the construction w.r.to the sanctioned plan and violation/encroachment is visible, file a Complaint at BMTF Chief office and subsequently follow through RTI on the action Taken on the same. This itself is enough to destabilise your neighbour.

Based on the outcome you can decide on the further steps of negotiation or removal of illegal wall or legal case at the civil court.

[BengaluruBoy]

HI, You are not the only one with this issue. We had to forego 90 SFT of our land @ Rs 3500 pSFT. ours was the only site left vacant in that lane and we could not measure it properly since it was full of bushes and weeds. When we measured our neighbour's plots (on either side) they have encroached 3 inches on both sides. Since we were the last owner to construct the building, every one used up 3-4 inches extra and we could not do anything about it.

Anyway, try to negotiate and get compensaton. nothing is better than getting your land back as it always appreciates.

[sholla]

I faced this problem in a different way. I was the last to build
and I noticed that my right-side neighbor had constructed the
compound on my site long back. This took about one feet width.
When I mentioned this to my engineer he said that is a
convention followed where in a row house setup, the right
side compound wall is on one's site. Don't know how true it is.

sholla

[magblr]

Hi ,

I have a different scenario .My site i own is 30/40 and when measured it was 30*41 and my neighbour when he built has not used this space(1ft) for some reason and they have told me discuss with them before building house or starting to create building plan .

Iam not sure what there expectations are and what options I have as my document says 30/40 and iam ok to use only that bit which I own.

Any suggestion on this will be helpful.

Regards,
magblr

[bbllaazzee]

@magblr, It is possible that he left it for a common compound wall. That is half from his plot and half from yours.

[magblr]

He has built house and there is a compound built by him already and he says while he was building house there was some confusion and he did know about it and only got to know about it later.

[arjun.surendra04]

Hasn't he left any set back on the side he has encroached? Don't settle for a monetary compensation. Build your house file a case and forget about it let him worry. Let the law take its own time. Some consolation might be that you are not the only one facing this issue,this happens more often than we think.