Someone built on it?
Encroachment Action Plan
Five questions → a personalised, step-by-step plan for encroachment.
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Enter the date someone began openly occupying your land, and this calculator shows when 12 years (Article 65, private land) or 30 years (Article 112, suits by the government) will be complete, and how much time remains. It’s general information, not legal advice — confirm the dates and your position with a local property lawyer.
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General information, not legal advice. The 12-year clock generally starts only when possession becomes open, continuous and hostile to you — use with your permission (a tenant, a relative) usually doesn’t count. Dates matter enormously, so confirm with a local property lawyer. Read the 12-year rule, explained.
Under Article 65 of the Limitation Act, 1963, an owner generally has 12 years to file a suit for possession of private land, counted from when the other person’s possession becomes adverse to the owner. Article 112 gives the government 30 years for its suits.
If the owner does nothing for the whole period, the occupier may be able to claim title by adverse possession. There is no ‘3-year’ adverse possession rule — that is a common myth.
Example: if a neighbour fenced in part of your field and began farming it openly on 1 March 2015, the 12-year period would, on that reading, end around 1 March 2027. The exact start date is often argued in court, so treat the result as a warning light, not a deadline you can plan around.
It starts when possession becomes hostile to you — open, continuous and uninterrupted, and against your ownership. Courts generally expect the occupier to prove all of this clearly.
Permissive possession is generally not adverse. A tenant, a caretaker or a relative using land with your permission is usually not counting down against you. But permission can be disputed years later, so it helps to have it in writing — a lease, a letter or even saved messages.
Because the start date can be unclear, it is safest to act as soon as you notice someone using your land, rather than calculating how much time you have.
In Ravinder Kaur Grewal v. Manjit Kaur (2019), a three-judge bench of the Supreme Court held that a person who has perfected title by adverse possession can use it not only as a defence but also to file a suit — a ‘sword, not only a shield’.
For an owner living abroad, the practical lesson is simple: long, unchallenged occupation can become a real claim. Keeping a record that you visited, checked or objected helps show the land was never abandoned.
Generally, clear action by the owner — such as filing a suit for possession — matters far more than informal complaints. A local property lawyer can tell you which step fits your facts and state.
Regular evidence of your own attention also helps: dated photos, certified record copies and regular satellite images show when a change began and that you were watching.
For private land it is generally 12 years under Article 65 of the Limitation Act, 1963. For suits by the government it is 30 years under Article 112. This is general information, not legal advice — confirm with a local property lawyer.
Usually not while they are there with your permission, because permissive use is generally not adverse. Problems arise when permission is denied later and there is no written proof, so keep leases and letters safe.
Not necessarily. A complaint records your objection and can be useful evidence, but the limitation period is generally about filing a suit for possession. Ask a local property lawyer what will protect you.
No. That is a myth. The periods under the Limitation Act are 12 years for private land and 30 years for suits by the government.
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