Finding that a neighbour, a former tenant, or someone else has occupied part of your property is unsettling, and the right response depends heavily on the facts — who is occupying it, on what claimed basis, and what documents you hold.
Key facts
- Do not
- Confront the occupant alone or remove them by force
- Evidence
- Title deed, property card or 7/12 extract, tax receipts, society records, dated photos, survey report
- Recently dispossessed
- Sue within 6 months under Section 6, Specific Relief Act, without proving title
- Title-based suit
- Generally 12 years under the Limitation Act
- Other steps
- Legal notice; police complaint where criminal trespass is made out
First steps
- Do not confront the occupant alone or attempt to forcibly remove them — this can create legal complications of its own
- Gather title documents, tax receipts, society records and photographs showing the property’s condition and boundaries
- Note down, with dates, how and when the encroachment came to your attention
Options generally available
- A legal notice calling upon the occupant to vacate or explain their presence
- A police complaint, where the facts suggest criminal trespass
- A civil suit for possession, and where urgent, an application for injunction to prevent further construction or alteration
Why documents decide these cases
A court’s approach to a possession or title dispute turns heavily on documentary evidence. The original title documents and any earlier correspondence are usually the first thing discussed at a consultation.
Legal options when property is encroached
- Civil suit for possession and injunction: a suit based on title is subject to the period fixed by the Limitation Act, which is generally 12 years for possession based on title.
- Suit under Section 6 of the Specific Relief Act, 1963: a person dispossessed without consent other than by due process can sue for recovery of possession within six months of the dispossession, without having to prove title.
- Police complaint: trespass and related offences under the Bharatiya Nyaya Sanhita, 2023 can be reported where the facts disclose an offence.
- Notice to the encroacher: a legal notice stating the facts and demanding removal is often the first step.
Documents to collect
Title deed, property card or 7/12 extract, tax receipts, photographs with dates, a survey or measurement report, and any earlier correspondence.
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This page describes general procedure and does not constitute legal advice. What applies to a particular matter depends on its own facts.