How To Remove Illegal Possession From Your Property?

Owning a property anywhere in the world is nothing short of an achievement. You have a place that belongs to you. But the happiness of owning a property decreases a little when you find someone else is illegally occupying or trespassing on your property. This situation can fill you with boundless frustration and create unnecessary stress. But every problem has a solution so you have a legal remedy to reclaim your property without too much hassle.

In this article, you will learn ways through which you can remove illegal possession from your property and handle the matter effectively.

Understanding Illegal Possession

When someone occupies or uses the property of another person who is an owner where the former does not have the legal right to do so or has not obtained the permission of the rightful owner, this act of occupying or using the property by him is termed as illegal possession.

Illegal possession can take place in several ways, some of which are mentioned as follows:

• Squatting in a building that seems to be empty or vacant
• Staying as a tenant in a property where the lease has expired and no permission has been obtained from the owner
• Encroaching on a property that belongs to the neighbour or some other person

Illegal possession takes place in scenarios where the ownership of property is unclear, where the individuals get into a dispute over misunderstanding owing to the boundaries of the property or in cases where some individuals deliberately or knowingly exercise their ownership claim over a property that lawfully belongs to someone else.

Causes Of Illegal Possession

Illegal possession of property can occur for a variety of reasons, including:

1. Delay in Pronouncing Judgements: The Indian legal system faces a significant backlog of cases, leading to prolonged delays in court rulings. This allows individuals to occupy someone else’s property illegally for years, even after a complaint is filed.
2. Lack of Enforcement: Even when courts rule in favor of the rightful owner, weak enforcement mechanisms often prevent them from recovering their property. Authorities may fail to act promptly, allowing the illegal occupiers to remain in possession.
3. Manipulation of Land Titles: India’s property record system has not been fully digitized, making it easier for individuals to forge or manipulate land records. This lack of transparency allows illegal occupiers to claim ownership of land without proper documentation.
4. Dispute of Inheritance: When property has been passed down through generations within a family, unclear inheritance claims can lead to disputes, commonly referred to as a family property dispute. In such cases, a family member may occupy the property illegally while the rightful owners await court resolution. This can create significant tension and further complicate the situation, often resulting in prolonged legal battles that can strain family relationships.
5. Boundary Extension: In rural areas, unclear or poorly marked property boundaries can lead to disputes between neighbors. One party may extend their property line into another’s land, resulting in illegal possession.
6. Lack of Title: Unclear or poorly maintained land titles, particularly in rural areas, create opportunities for powerful individuals or opportunists to take illegal possession of land without attracting attention from the rightful owners.

Supreme Court Judgements On Illegal Possession Of Property

The Apex Court has pronounced several judgements in the matter of illegal possession of land that are discussed as follows:

Nair Service Society vs K.C. Alexander (1968)

In this case, the Apex Court stated that possession of land forms an integral part of the land dispute. However, mere possession of land without having the title of the land as per the laws to establish ownership cannot overthrow the right of the person who is the true owner of the property. In situations where one person occupies the land illegally without a valid claim and the other person has the title to his name, the court will rule in the favour of the latter since the one having the original land title as per the law will be considered the true owner of the property.

Bharat Singh vs State of Haryana (1988)

This case deals with the issue of illegal possession and land ownership. The Apex Court stated that when the ownership of land is established, the act of a person to possess the property of someone or occupy the property of someone will be illegal in the eyes of the law. The true owner has the legal right to reclaim the property by taking legal recourse.

Syndicate Bank vs Prabha D. Naik & Anr (2001)

This case is about illegal occupation by the tenants. The Supreme Court resolved a dispute where a tenant was responsible for not vacating the property even when the lease for the same had ended. The Court ruled in the favour of the property owner because when a person continues to occupy land even after the tenancy or lease has come to an end, it is unlawful. The tenant must vacate the property immediately once the lease has terminated.

Rame Gowda vs M. Varadappa Naidu (2004)

This case revolves around ownership and possession of the property. In this case, the Apex Court ruled that act of possession plays a pivotal role in matters concerning property disputes. However, if a person continues to occupy a property but does not have the property title by the law, he will not be termed as the rightful owner of the property or be granted ownership in such cases. Moreover, the Court stated that the rightful owner has the liberty to evict a person when the latter is found guilty of occupying the property illegally.

State of Haryana vs Mukesh Kumar & Ors (2011)

The Apex Court stated that while adverse possession is a legal principle, it cannot be seen as the means to unjustly benefit at the expense of a person who is the rightful owner of the property. Moreover, the Court threw light on the fact that the ambit of ‘adverse possession’ was to be done narrowly. Someone could not claim adverse possession unless it is noticed that possession is persisting, hostile, and against the rights of the true owner for the prescribed statutory period. The Court highlighted the need for legislative reforms to prevent the misuse of existing laws for unjust enrichment.

Steps to Avoid Illegal Possession in the Future

To safeguard your property from illegal possession, consider taking the following proactive measures:

1. Keep Proper Documentation: Store all title deeds and property-related documents securely, ideally in a safe. Regularly update property records by visiting local authorities, and ensure your property is registered in your name with the land registry. This documentation will be crucial in establishing your ownership in case of disputes.
2. Make Proper Demarcation: For vacant land or plots, clearly mark your property boundaries with fences to deter unauthorized occupation. Install a signboard indicating private ownership, complete with warnings against trespassing and your contact information. This will inform others that the property is monitored and discourage illegal entry. Ensure gates have secure locks that are difficult to break or tamper with.
3. Frequent Visits: Regularly visit your property, especially if you don’t reside there, to check for unauthorized activities. If frequent visits aren’t possible, consider hiring a caretaker or fostering good relationships with neighbors, who can monitor your property. They can alert you to any suspicious activity, allowing you to respond quickly.

4. Renting Out the Property: To minimize the risk of illegal possession, consider renting out any vacant property. A formal lease agreement should be prepared and registered with the sub-registrar before handing over keys to tenants. Ensure the agreement covers:

   • Duration of the lease
   • Rights of the property owner
   • Obligations of the property owner
   • Rights of the tenant
   • Obligations of the tenant
   • Terms of payment
   • Stipulated payment amounts
   • Security deposit

   Additionally, conduct thorough background checks on prospective tenants, including police verification, to prevent potential legal complications in the future.

Conclusion

It is alarming that someone can illegally occupy another person’s property and even claim ownership without holding a valid title. To prevent such situations, it's essential to stay prepared by maintaining proper documentation, clearly marking property boundaries, renting it out responsibly, and taking strategic precautions. Consulting a property lawyer can also provide valuable legal guidance to protect your rights.

While proactive steps can reduce the risk of illegal possession, they are not always foolproof. The most effective approach is to remain vigilant, consult a property lawyer when necessary, and conduct thorough due diligence before leasing or managing your property. Staying alert and legally prepared is the key to safeguarding your assets.