What is an encroachment?
An encroachment is not that difficult to notice. When someone puts something that encroaches on your land/property in any way, it is known as encroachment. It may be when someone renovating their house and extends any part in a way that partially or fully covers your property, for example, a balcony that extends to your area.
Many Indians face this problem every day. This problem arises when the other party is constructing or renovating their house and extends any part of the house which he is not authorized to do so. At this time people face problems like what to do about it, in this article we will tell you, what to do about it and what are the laws available for this encroachment.
What to do at that time?
First of all, a person facing such a problem should talk with the other party that what he has done was wrong and to remove the extended parts from the victim’s property. Doing this will help you to solve the problem without going before the court and will save your legal fees also. But if the other party is not ready to listen to anything then the victim should immediately contact with the local police officer as he is the victim of encroachment. The law gives each person a power and a right to protect their property.
Laws available for encroachment:
The same law applies for encroachment as of trespassing of private land. Trespass is an offence under section 441 and 442 of the Indian Penal Code 1860 as well as Law of Torts. Trespass is of 3 varieties, the trespass of person, the trespass of personal chattel and trespass of land or property.
- Trespass of person is an act within which an individual with none authority or the consent of the aggrieved person, disturbs or intervenes the person from doing what he was doing before he was interrupted.
- Trespass of personal property is an act during which an individual with none authority or the consent of the aggrieved person, disturbs or intervenes with the privately-owned movable property of the person.
- Trespass of property or land is an act within which someone with none authority or the consent of the aggrieved person, disturbs or intervenes with the property or land of a person.
The court may decide to pass an order of injunction to either stop or restrain the encroacher. Injunction may be temporary or permanent. The court may also ask the encroacher to pay damages for the encroachment.
Section 441 of Indian Penal Code:
Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.
Section 447 of Indian Penal Code:
Punishment for criminal trespass.—Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.
Section 442 of Indian Penal Code:
House trespass.—Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as an area for the custody of property, is said to commit “house-trespass”. Explanation.—The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass.
Section 448 of Indian Penal Code:
Punishment for house-trespass.—Whoever commits house-trespass shall be corrected with imprisonment of either description for a term which can touch one year, or with fine which may be up to one thousand rupees, or with both.
Conclusion:
To conclude it, these were the laws regarding encroachment. If you see anyone encroaching in your property and want to move a legal action then you can approach the court for an order of injunction as per Order 39 (rules one, two and three) and claim the damages.
