Apartments have emerged as the practical choice for owning a home today. But it is still almost everyone?s aspiration to own a plot of land on which to construct the home of their dreams. And, even if one manages to purchase a plot of land, the construction of a home may not follow immediately due to time, financial or other constraints.

In such a situation, with land being such a valuable commodity especially in cities like Chennai, it is important to protect your plot of land from encroachments.

The following tips could help you protect your land from encroachments:

1. Before you acquire the land, do due diligence (like whether it is registered with DTCP/CMDA etc). Do not hesitate to take expert legal help in this regard. Ensure that the land you intend to acquire is free from all encumberances, the person with whom you are transacting is the actual owner of the plot and that all the required documents are in order. This will help save a ton of trouble, later on.

If possible, acquire land where land and registration records are computerized. This provides a higher level of security for your plot and helps prevent encroachment through forged documents.

2. Once you acquire a plot of land (whether by purchase, gift, relinquishment or bequeathment) ensure that you get all revenue record mutations done in your favour. Also pay all regulatory outgoings like property and water tax etc. to the concerned authorities in time.

3. Register yourself with the Residents Association/Society of the concerned area where your plot of land is. This will help you build a good relationship with your neighbours. They will more readily warn you if any encroachment is taking place, so that you may take timely action.

4. Ensure that your property is physically protected by a strong wall or fence. If possible, bring out a small construction on your property and let out to credible tenants under a well-drafted tenancy agreement.

5. Monitoring and periodic visits to your vacant plot of land are a must. Try to visit your land frequently and let there not be a considerable time gap between visits. Reputed concierge services like the TTK Group?s can help you monitor/manage your land/property for a fee, of course.

If, despite all your precautions your land is encroached upon, possession can be re-obtained by invoking the provisions under Sections 5 and 6 of the Specific Relief Act, 1963 and Section 145 of the Criminal Procedure Code, provided one has all relevant documents like the purchase agreement, title deed, will (if land is obtained by way of inheritance), electricity, water, phone bills etc., in one?s possession.

Courtsey: | 19th July, 2013


5 Tips for Protecting your Land from Encroachment

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