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Author Topic: What is the legal remedy against this unauthorised construction?  (Read 721 times)

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Offline sinthia

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A landlord has sold subplots leaving private roads between them (land records attest that). My father had purchased one such plot about 50 years ago. We have easement rights for one private road, which is a blind alley. About 25 years ago, one neighbour constructed a septic tank encroaching on the road. What is the legal remedy against this unauthorised construction?

Offline advamrita

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Re: What is the legal remedy against this unauthorised construction?
« Reply #1 on: July 29, 2012, 04:08:27 AM »
file for an injunction restraining those unauthorised construction first.

Time is of the essence and the urgency of the applicant has to be shown.

You have waited too long. Though under such circumstances one can file a civil suit in a civil court seeking permanent mandatory injunction upon the defendant.

In your case the suit may be barred by limitation in keeping with the Limitation Act

 

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