Property Encroachment And Law:
Introduction:
A man holds the possession of property and it becomes very important to him. Sometimes, a person’s success is measured in terms of how much property he has. Therefore, people are obsessed about owning more and more property.
The problem comes when boundaries of property are shared by two different owners and one of them claims over property another. In that case dispute may arise and this is called encroachment of property.It is seen in India, when a person is not paying regular attention to his property or if he does not stay in India, people may try to convert that property for their own use and enjoy all the rights of the owner except the title to that property.
Meaning of Encroachment:
Encroachment can be further explained as a situation in real estate where a property owner violates the property rights of his neighbour by building on or extending a structure to the neighbour’s land or property. It can be intentional or by ignorance.An encroachment may be either on a privately owned land or on a government land.
According to law, Section 441 of Indian Penal Code (IPC), 1860 encroachment is when someone enters into or upon property in possession of another with an intent to commit an offence or to threaten, insult or annoy any person in possession of such property, and illegitimately remains there.Penalty for the same is provided under Section 447, which includes imprisonment for up to 3 months or fine up to Rs. 500 or both.
Encroachment and Easement:
Encroachment and easement are two different terms and should not be confused with each other. Easement is the right of the owner of a property over the use of its neighbour’s property. Easements are agreed upon by both parties and compensation is often involved, whereas encroachment is an unauthorized use of the neighbour’s property.
Example: A and B are neighbours. Their houses are situated in such a way that to access public road A has to pass through B’s property. This right of way of A through B’s property is called easement.
Solutions to Encroachment:
Potential buyersare advised to avoid properties with encroachment issues. they can take the help of existing surveys - these surveys contain information about a property. They can get information which includes directions, public roads, buildings, improvements made to surrounding property, etc. If the homebuyer does not want to rely on the existing survey information, they might take help of a professional who can personally visit to be assured of property.
Unintentional encroachment happens when the property owner is either not aware of valid property lines or has wrong information concerning the extent to which his property lies within legal limits. Since a property survey outlines the physical layouts of a property including the measurement of metes and bounds, wrong information contained in the survey may lead to a physical intrusion on a neighbour’s land. To avoid unintentional encroachment, one must put a fence and a board around the outline of the property.
Unintentional encroachment problems are sometimes resolved with a simple conversation between both parties. However, if the disagreement on whether someone’s property right was violated persists, the issue may be taken to court for a resolution.
Conclusion:
There are certain important documents which must be in possession of the owner to prove his ownership in case of encroachment such as title deed,original purchase agreement of the property,electricity, water and other bills in your name, mutation extracts. These documents are required to be kept safely because they become very essential in case of proving the ownership.