How can I stop a property encroachment?

You can drag encroachers to court under Section 442 of Indian Penal Code (IPC) and the Law of Trots upon encroachment and trespassing. It acts as a criminal offence. You can approach a court for an injunction order for stopping encroachers from making any encroachment or trespassing upon your property.

What is illegal encroachment?

According to Section 441 of Indian Penal Code (IPC), 1860, encroachment is when someone enters the property illegally that belongs to someone else with an intention to commit an offence, threaten or any person in the possession of such property and illegitimately remains there.

What can you do if your neighbor encroaches on your property?

As a last resort, if you feel confident that your property is being encroached upon, you can file a claim in court and ask a judge to decide the boundaries—but the more you involve the legal system, the more cost you will incur.

Can my Neighbour build up to my boundary?

The short answer is “yes, subject to serving a valid notice and following the processes set out in The Party Wall Act. The party wall act only applies to “structures” (ie: a wall with a foundation), it does not apply to timber fences or other screens.

What is the 45 degree rule?

What is the 45-Degree rule? The 45-degree rule also known as the 45-degree code and 45-degree guide is a method used by Local planning authorities to measure the impact from a proposal on sunlight and daylight to neighbouring properties. The sun rises in the East and sets in the West. The Sun is due South at noon.

How close can you build to your boundary?

Permitted development rules allow boundary walls and fences to be erected up to two metres, so it may be permissible that the extension is two metres high at the boundary wall, with the roof sloping up to the existing house, similar to the example pictured below.

What happens if my Neighbour ignores the Party Wall Act?

What will happen if a Party Wall Notice is not served? By failing to serve a Party Wall Notice you will be breaching a ‘Statutory Duty’. When a neighbour claims that they have suffered damage due to your works they will provide evidence of this damage in its current state.