Possession · boundaries · encroachment
Someone is occupying your land in Tamil Nadu? Start with the right remedy
A fence has moved. An access road is blocked. Someone else has taken possession. Before you act, establish what changed on the ground and when.
We compare your deeds and survey history with physical possession, then identify whether the claim is for urgent protection, recovery of possession, a boundary declaration or a co-owner's share.
Legal framework reviewed: 13 October 2026 · Tamil Nadu-wide matter assessment from Coimbatore, subject to forum and jurisdiction.
Three questions. Three different legal problems.
A site photograph alone rarely tells the whole story.
- 01Who possesses the land today?
Living there, fencing it, cultivating it or exercising access? Identify what changed and when.
- 02Where is the actual boundary?
Compare title schedules, FMB, subdivision, field measurements and physical markers.
- 03Who asserts the right?
A neighbour, co-owner, tenant or unknown occupant may require different proceedings.
Time-sensitive issue. Recently dispossessed? Record the exact date. A Section 6 Specific Relief Act suit has a six-month window when its conditions are met; it is not the same as an ordinary title suit.
Identify your situation
Encroachment is not one single kind of case.
A neighbour's wall, a forcible lockout and an heir occupying joint land are different cases. The first step is identifying which one you actually have.
The fence or wall has moved.
A neighbour builds into your side, the common boundary disappears, or a survey now shows an unexpected subdivision. Deeds, earlier FMB sheets, physical markers and neutral measurements must be tested together.
You have been pushed out of possession.
A locked gate, demolished structure or fresh occupation can make timing critical. Preserve dated photographs, witnesses and evidence of earlier possession. We assess the speedy possession remedy separately from a suit based on title.
One co-owner is excluding everyone else.
Undivided ownership, exclusive possession, accounts for rent and whether there has been an actual ouster all matter. A demand to 'evict' another co-owner may be legally misconceived without first establishing the share and remedy.
Your access road is obstructed.
A claimed right of way may arise from grant, necessity, prescription or another source; not every convenient route is a legal easement. Map the route, deeds and history of use before requesting an order.
Legal distinction
Possession, title and boundary must not be confused.
We first identify the right you can establish and the interference you need the court to address. Revenue entries are relevant records; they do not by themselves decide civil ownership.
Explore wider property dispute representationA recent dispossession claim
Section 6 of the Specific Relief Act addresses dispossession without consent otherwise than in due course of law. Subject to statutory conditions, it requires filing within six months and focuses on prior possession and dispossession rather than final title. Separate title-based remedies may remain available.
A title-based possession claim
Where ownership is disputed or the six-month summary remedy is unavailable, the pleadings, limitation and evidence require separate assessment. The correct parties and property identification are fundamental.
An injunction before further damage
A threatened fence, construction, alienation or obstruction may justify seeking interim protection if the legal tests are met. An injunction cannot substitute for a necessary declaration or recovery of possession in every case.
Survey and commissioner evidence
A Taluk survey, FMB extract, subdivision record or court-appointed commissioner may clarify physical facts, but a measurement is not automatically a judicial decision on title. Existing decrees and survey notices must be examined.
Remedies and representation
Protect the land you can identify and prove.
If construction or exclusion is continuing, a survey request or legal notice alone may not preserve the position. We assess interim protection against the exact act threatened.
- 01
Stop further interference
Consider temporary or permanent injunction relief, supported by reliable possession evidence and identified threatened acts.
- 02
Recover possession lawfully
Choose a suitable possession claim, assess limitation and identify the occupant. Do not remove structures, cut utilities or confront occupants on the assumption that title alone permits self-help.
- 03
Resolve the actual boundary
Compare registered instruments and survey records; seek appropriate declaration, recovery, measurement or mandatory relief where necessary.
- 04
Handle a co-owner or heir correctly
If the other person has a competing share, evaluate partition and accounts rather than treating all shared occupation as unlawful encroachment.
Document-first consultation
Show us the land and the date it changed
A location pin and marked photograph help us connect the deed schedule to the disputed patch. State who is there now and when the entry or obstruction occurred.
If older FMB sheets or title deeds are missing, send what you have and say when the obstruction began.
Discuss the document reviewSuggested first documents
- Latest and parent title deeds; full property schedule and extent
- FMB, survey sketch, patta, subdivision order and old survey records
- Current photographs and earlier site photographs, with dates
- Names of occupants, witnesses, notice or police complaint
- When possession or access changed; any hearing or construction date
- Existing decrees, injunction orders and survey notices
Professional fees and the scope of work depend on the documents, number of parties, urgency and proceedings involved.
NRI & OCI clients
Own the property from abroad?
We can begin with digital deeds, survey records, photographs, a local chronology and a confidential consultation. Site investigation and authorised local acts may be coordinated as appropriate; a power of attorney does not automatically replace evidence or appearance before a court.
For a remote or overseas enquiry, contact the firm with your documents and preferred communication method.
Common client questions
Boundary, possession and survey questions
The right filing depends on who held possession, the date of interference and whether the dispute is about title, measurements or both.
01My neighbour has taken two feet of land. Should I go to the police?
First confirm the ground position against the deeds and survey records. A police complaint may be relevant where independent offences are alleged, but it does not ordinarily adjudicate civil title or redraw a boundary. Civil and revenue remedies need separate assessment.
02Can I demolish an encroaching compound wall myself?
Do not assume self-help demolition is lawful. It can lead to injunction proceedings, allegations of damage or escalation. Preserve evidence and assess an appropriate court order or other lawful process.
03Does my patta prove that the neighbour is encroaching?
A patta and FMB are important revenue and measurement records, but they do not by themselves establish conclusive civil title or the complete legal boundary. Compare them with the registered chain and site evidence.
04I was thrown out last month. Is there a faster remedy?
Section 6 of the Specific Relief Act may offer a time-sensitive remedy for certain dispossessions without consent and without due process. It has a six-month filing limit and other conditions, so the date and manner of dispossession are essential.
05Can an injunction remove a person already in possession?
A prohibitory injunction and a decree for possession address different situations. A mandatory injunction or other claim can arise in specific circumstances, but relief must be framed against the existing possession and title evidence.
06Can a co-owner be treated as an encroacher?
Joint ownership requires a separate analysis. One co-owner's exclusive physical occupation does not automatically extinguish the rights of the others; partition, ouster, income and the nature of the claim may matter.
07What if the official survey itself contains a wrong subdivision?
Obtain the old and new FMB, subdivision file, proceedings and notices. The correction route depends on whether this is a record or measurement error, a contested title issue, or both. A revenue correction cannot itself decide a genuine title dispute.
08Can an NRI owner pursue the case remotely?
Conferences, instructions and document collection can often begin remotely. Authorised local acts, commission work and hearings depend on applicable procedural rules; personal evidence may still be necessary.
Legal reference desk
Statutes and primary authorities.
These published materials guide the general explanation. We check the law applicable to the transaction date, current amendments and your forum before settling advice.
- Specific Relief Act, 1963 : India Code Possession, agreements, cancellation, declarations and injunctions.
- Limitation Act, 1963 : India Code Remedy-specific deadlines and starting points.
- Code of Civil Procedure, 1908 : India Code Civil suits, interim relief, evidence and execution.
- Transfer of Property Act, 1882 Co-ownership interests and related property rights.