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Everything about Encroachment

Online Legal India LogoBy Online Legal India Published On 16 Dec 2020 Updated On 21 Jan 2022 Category Legal

We know-how in the very late 20th Century, the real estate market witnessed a rapid boom, until demonetization. A property of any kind is believed to be an asset, therefore, quite a lot of people invest a hefty amount of money to achieve a plot of land of their own.

What we miss to observe? -is the rampant land encroachment across India. How the local Gundas prey upon the empty land or properties which are left vacant or unused for a long time. The owner of these properties live in different cities or are NRIs, elderly person, heirless couples etc. However, the Legal Notice for land encroachment is a warning before any legal action is taken. Thus, a legal notice for encroachment in India should not be taken lightly.

What is Encroachment?

The definition of encroachment is "intrusion on a person's territory, rights, etc." Now, let us learn a little more about Encroachment 'legally,' which is a tad bit different, explained in the following way:

  • It means when one or a group of people illegally construct over anyone's property or take physical possession without any lawful right, title or interest.
  • On the other hand, in India, if the encroachment is in anyone's private property, then the remedy is available under both Civil and Criminal laws.

Encroachment can be in private land and public or government land.

If the Encroachment is in public or Government land, then it's seen as a "Civil Wrong under the principle of the Law of Torts".


When can you send a Legal Notice for Encroachment?

A Legal Notice for Encroachment in India can be sent in the following mentioned scenario's:

  • When a person or group of people are illegally trespassing or invading someone else's space/land
  • When people capture the house and dispossess the true owner.
  • It has been seen, quite often that if a property or a piece of land is not properly demarcated with fence or boundary wall, the owners of adjacent land gradually encroach the land.



How to draft a Legal Notice for Encroachment?

The following are key points one should mention while drafting a legal notice on Encroachment:

  • It should be sent in a lawyer's letterhead.
  • The date is very mandatory in a legal notice it should also clearly mention the name, address and contact details of the person to for whom it is released.
  • Name of the client with address, contact details should also be mentioned in the legal notice.
  • A notice must be thoroughly checked before signing by the advocate and the sender.
  • After sending the notice, save the copy of the receipt sent.


How can we help you?

Worried about Encroachment issue? Seek assistance from Online Legal India™ and send a legal notice to the defaulter with aid from our erudite lawyer's. We serve 24*7 and you can book any service from any nook or corner from India. We have a highly qualified team who give 360° corporate legal assistance.

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