An encroachment allegation — preserving the site record

At a glance

Document the alleged change and obtain advice on the lawful remedy. Do not remove structures or use force on the strength of a general title assertion.

Law and context

Property, possession and injunction remedies depend on the right asserted and the forum’s jurisdiction. Public land and private land disputes can follow different statutory processes. The disputed area must be identified accurately.

Practical next step

Gather title and site records, dated photographs, previous complaints and any official notice. Ask whether demarcation, a civil claim or a special statutory response is appropriate.

Important qualifications

This guide does not establish that an occupation is unlawful. A neighbour’s accusation, revenue entry or private measurement may not resolve the full dispute.

Document checklist

• Title documents
• Site and measurement records
• Dated change evidence
• Official notices or earlier orders

Sources

• Code of Civil Procedure, 1908 — 9
• The Specific Relief Act, 1963 — 34,38,39

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.