Construction activity during a property dispute

At a glance

Identify the property right affected, the construction complained of and any operative permission or court order. A building approval and a title dispute raise different questions.

Law and context

Civil injunction provisions can be relevant to threatened interference, while municipal and planning laws govern permissions and enforcement. Neither route should be assumed to answer every issue in the other.

Practical next step

Preserve site photographs, title and boundary documents, permission records and notices. Explain the specific harm and urgency to counsel or the appropriate authority through the lawful process.

Important qualifications

This guide does not authorise stopping work by force or certify that construction is unlawful. Jurisdiction and any special statutory remedy require checking.

Document checklist

• Site record
• Title and boundary papers
• Permission or notice documents
• Existing court directions

Sources

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

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