If someone encroaches or trespasses on your property or a construction extends beyond the boundary line, there are three ways to resolve it.
Trespass: If someone enters your property:,
- with the intention to commit an offence or to intimidate, insult or annoy you, or
- enters lawfully but remains there unlawfully,
it can amount to criminal trespass under the Indian Penal Code1. You can file a criminal complaint against them.
Demarcation of property: The second option is to demarcate the land, by building walls or fences. It fixes the boundaries of the land, assures the protection of the demarcated land and keeps invaders away.
Civil suit for encroachment of property: The third option is to move an application in a civil court and seek orders against the encroachment. You can ask for a permanent injunction stopping anyone from disturbing your possession of land.0
- Section 441 of the Indian Penal Code defines Criminal Trespass.