Prevent Encroachment


In order to prevent encroachment, the fence post installation is critical. Ideally heavy posts or strong concreting is to be done so that it is not possible for anyone to move the fence posts away.

The recommended distance between two fence posts in 10 feet but they can be placed as far apart as 20 feet to further save on cost. The basic pattern of the fence design is to go for 4 horizontal lines each at a distance of 1 feet from each other. Other popular designs include 5 horizontal and 2 diagonal lines or 6 horizontal lines and 6 vertical lines. Complete guide on how to install this type of fence system can be found here.

Construct a boundary wall

According to legal experts, the owner will have to implement several measures, to keep his property investment safe from trespass. According to Kumar, the first step, is to get a boundary wall constructed as soon as the purchase process is complete. “Even if you are not able to construct a home, because of monetary or personal reasons, it is of utmost importance that a boundary wall be constructed around the plot, with a signboard stating this is a private property and trespassers would be liable for legal action,” he explains. The buyer must do this, even if he lives in the same city and is able to frequently visit the site and keep an eye on it.

Hire a caretaker:

Owners who reside in a different city or another country and are unable to make frequent visits to the property, will also have to hire a caretaker for that specific purpose. This would serve the purpose of security and maintenance, for the time being. “Alternatively, you could also entrust a close friend or a family member with the task of keeping an eye on your plot, if this option is available. However, hiring someone would be the ideal thing to do,” says Prabhanshu Mishra, a Lucknow-based legal counsel.

Rent out the property:

Buyers who have constructed a house on their plot, may consider giving it out on rent till they are able to move in. This way, they can earn income on their investment and also keep their assets better managed. However, even in this case, they ought to be careful. “Under the Indian law, a squatter gets legal rights over a property, after 12 years of holding it. Make sure you keep changing tenants after a couple of years, if you are not going to move in, in the foreseeable future,” says Mishra.

How plot owners can prevent encroachment:

  • Keep all your property documents safe.
  • Ask your neighbours, if there are any in the vicinity, to keep an eye on the plot.
  • In case of encroachment, report it immediately to the police.
  • Hire a local lawyer to keep an eye on the property and manage it.
  • Do not leave the plot unoccupied for a long time.
  • Visits the site as frequently as you can.


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