Civil Remedies
- Injunction:
File a suit for a permanent injunction in the civil court to restrain the neighbor from encroaching or interfering with the property.
If the encroachment is ongoing, seek a temporary injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908, to stop the encroachment until the case is resolved.
- Declaration of Ownership:
File a suit for declaration of ownership under Section 34 of the Specific Relief Act, 1963, if the title to the land is disputed.
- Possession:
If the neighbor has dispossessed the owner or is in illegal possession of the property, a suit for recovery of possession can be filed under Section 6 of the Specific Relief Act, 1963.
- Damages/Compensation:
Claim damages for any loss or harm caused by the encroachment or illegal activities on the land.
Criminal Remedies
- Trespass (Section 441 of IPC):
Encroachment or placing articles on someone else’s property constitutes criminal trespass under Section 441 of the Indian Penal Code (IPC). The landowner can file a complaint with the police.
- Mischief (Section 425 of IPC):
If the neighbor damages or alters the property by placing articles or constructing something, it constitutes mischief under Section 425 of IPC.
- Criminal Intimidation (Section 506 of IPC):
If the neighbor threatens the owner to encroach or harm them, it amounts to criminal intimidation.
- Public Nuisance (Section 268 of IPC):
If the encroachment causes inconvenience or harm to the general public, it may be considered public nuisance.
- Complaint to Police:
Lodge a First Information Report (FIR) or a complaint with the police against the neighbor’s illegal activities.