An Explainer: Encroachment

Encroachers enter or take possession of property/land that were not previously occupied, without the permission of the property/land owner. 

PropGuide Explains Encroachment

Encroachment is common in India as the property titles are unclear, and weakly enforced. For instance, non-resident Indians (NRIs) who own property in India, at times, have found local goons to have encroached on their property. Though many encroachers decide to give back property to the owner when pointed out that the property they hold does not belong to them. But, this is not necessarily the case.

Encroachers may bribe local revenue authorities and use violence or threat of violence to hold on to the encroached property. In some cases, law does not adequately protect the property owner against encroachment because there are provisions in tenancy laws to protect the rights of people who appropriate or exercise control over another's property.

People who build informal settlements often encroach on land owned by various government settlements. However, it is not true that everyone who lives in informal settlements are encroachers. Even though accurate figures are not available, many of them pay land rent.

Encroachment and illegal construction on the road lead to traffic congestion and longer commute time. Forest land, too, can be subject to encroachment.

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