Rajendra Civil Law Firm is a reputable law firm that specializes in providing legal solutions for land torts in Chennai. With years of experience in the field of civil law, the firm has gained a reputation for providing expert legal advice and representation to clients involved in land disputes. Their team of skilled and experienced advocates is dedicated to ensuring that clients receive the best possible outcome for their cases. If you are looking for legal assistance for a land tort in Chennai, Rajendra Civil Law Firm is a reliable choice.
ADVOCATES FOR LAND TORT IN CHENNAI
Introduction: Land tort is also known as trespass of land. Does your neighbour keep hitting cricket balls into your house or garden? Are kids many times cutting through your property to get to the park? These actions represent a civil law tort known as trespass to land.
What is Trespass to Land?
When a person on intent enters someone else’s property without owners’ consent, it is a trespass of land. The intent to enter the property is the only rule for a claim. Your neighbors are liable for trespass even when they cross your property. A trespass can also occur if someone causes a physical item, like a Cricket ball, to enter your property. A large injury is not required.
What are the Five Elements to show for a valid suit of Trespass of Land?
Trespass to land is a person’s unlawful entry onto another’s land.
The five elements of a valid suit are.
1) There was a violation act by the defendant.
2) There was intruding intent by the defendant on the plaintiff’s land.
3) The actual intrusion took place on plaintiff’s land
4) The plaintiff was in possession or expecting possession of land during the intrusion.
5) The defendant’s act caused the intrusion.
Few Instants of Land Torts:
Ø G, an avid golfer, goes down to the local course and begins to play. G intends for his first shot to land on the field. Unfortunately, the shot lands on A’s property instead. G is not liable because he did not intend for his shot to land on A’s property.
Ø G intends to hit a golf ball onto A’s property. He misses and the ball lands on the field instead. He is not liable here because there was no actual intrusion on the Plaintiff’s land.
What Damages Are Available for LAND TORT?
The following are the Common consequences for trespassing:
- Imprisonment
- Fines
- Monetary damages paid to the landowner
A property owner or tenant has a right to compensation or damages for the injury caused by the trespass. You may be able to recover for the following damage based on the trespass nature:
- Loss of market value
- Costs of restoration
- Loss of use of the property
- Physical injury to the person or to the land
- Emotional distress
- Discomfort and annoyance
The general compensation for permanent property damage is the loss of fair market value. For temporary injury, repair or restoration cost is the common basis for an award. In a case where repair costs exceed a decrease in market value, the loss of market value gets awarded.
Getting an Injunction
You don’t need compensation for damages. Do you want the trespass or Land Tort to stop?. An injunction is the best solution to stop repeated trespassing / Land Tort. Talk to an attorney to understand your filing requirements. After the issuance of an injunction, the court will order the trespass / Land Tort to stop. Police will enforce the injunction when the offense continues. Further, you can file for contempt of court.
How Can I Remove A Trespasser in a Land Tort?
Homeowners can prevent trespassers from coming or remaining on their property. They can post signs indicating private property. Also, they sign that stating trespassers need to leave the property by law. Perimeter fences or compound walls are helpful in limiting access to your property. They say it is private property.
Process and Precautions :
It is important for a person to be aware of how to handle an instance of trespass / Land Tort in their land/property.
First, one has to keep his/her title deeds ready like
- mother deed,
- conveyance deed,
- up to date tax paid receipt,
- Khata from the appropriate authority.
What are all the records to maintain in the case of agricultural land?
- RTC extract -Record of Rights, Tenancy and cultivation
- Mutation Register extract from the concerned Tahasildar office.
- Akarbandh, Tippani copy, and Phodi sketch from the survey department is also required.
All the aforesaid documents confirm that the person has a legal title.
Compound wall or wire fencing around the property to avoid land tort
Also to avoid trespass / Land Tort, one can build a compound wall or wire fencing around the property to avoid land tort. You have to show ownership aboard. Display on board as ‘This property belongs to ABC. Trespassers get prosecuted. Contact phone number. It declares you have the undisputed title to the property. It declares you have no objections from anybody including the trespasser.
Police Complaint under IPC Section 441
Lodge a police complaint under IPC Section 441, when the trespasser still causes damages by Land Tort. Moreover, You can plead for interim relief from the court if the defendant threatens to sell your property. Meanwhile, Interim or temporary relief gets granted at any period of a suit.
File a suit for declaration of title.
Next One can also file a suit for a declaration of title. Once you declare your property title, the trespasser cannot do illegal property transfer of Land Tort. You need to note down details of the trespasser and instances of trespass. Date, time, the regularity of trespass, photo, or video are some details required. Without a doubt, These measures will help you cut the trespasser from your property.
What are all the Legal Defenses for Disputes in Property Trespass?
The intention is the main ingredient of the Land Tort/trespass of land. The following are some of the potential defenses. You had Possession rights or permission to own and administer the property. In fact, If You have consent from the owner to stay or use the property. Of course, if You did not go into the property with any intent. Above all, if You did not interfere or obstruct activity on the property
What Should I Do If I Am Arrested for Trespassing?
Are you under arrest for and Charges accused of trespassing under Land Tort Law? You should speak to a Land Tort lawyer immediately. Firstly, An experienced criminal defense lawyer is the best choice. You can learn about your rights and defenses from the attorney. Your lawyer knows what to expect while dealing with the justice system.
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- In Civil Suit, Plaintiff Cannot Establish His Suit from the Other Side Documents
- Efficient Property Registration Services to Secure Your Ownership
- Expert Civil Lawyers for Property Litigation Cases: The Best Attorneys
- SET-ASIDE and EX-PARTE decree
How can a Civil advocate help You in Trespass to Land claims?
You have a right to use and enjoy your property. As a matter of fact, It only takes one trespasser to turn your life into a nightmare. Trespasses to land issues are often very complicated and very annoying. In case you’re dealing with trespass to the Land Tort, contact us today. We ensure your property rights are under protection.
