How to Fight Back Against Land Encroachment

In Bangladesh, land encroachment remains a pressing issue, and many landowners struggle with losing their property. Whether it’s due to fraud, coercion, or corruption, this situation can feel unfair and overwhelming. However, the good news is that with the right legal steps, you can protect yourself. In this blog, we will discuss why land encroachment occurs, how to address it, and how a top law firm in Dhaka can help you reclaim your property.

Why Does Land Encroachment Happen?

Land disputes usually develop over time and typically arise from:

• Poorly maintained land records and missing documents
• Fake or forged land deeds
• Powerful groups forcibly taking over land
• Family inheritance conflicts
• Corruption in local land offices

To protect your rights, it’s important to remain vigilant and take swift legal action at the first sign of trouble. A reputable law firm in Dhaka can guide you through this process and offer professional advice.

How to Respond If Your Property Is Taken Over

If someone occupies your land illegally, it’s important not to panic. Follow these steps immediately:

1. File an investigation report (GD or FIR)

The first step is to file a First Information Report ( FIR ) or General Diary (GD) at your local police station.

GD: If there has been an unsuccessful attempt to seize your property, you should file this.

FIR: File a formal complaint under Section 154 of the Criminal Procedure Code if your land is being occupied by force or if you are being threatened.

2. File a Case in Civil Court

If the police don’t act, take your case to court.

• Possession Suit: To get back your occupied land.
• Declaration Suit: To prove in court that you are the rightful owner.
• Permanent Injunction: To stop encroachers from making permanent claims.

3. Ask for an injunction from the court.

If there is a risk of further damage, request a temporary injunction to prevent any unapproved building or activity on the property.

4. Update Your Land Documents

• Make sure your land records are up to date.
• Complete the name change (transfer) process.
• Keep copies of the Mouza, Parcha, and Khatian maps.
• Make sure your land development tax is paid and recorded.

5. File an Appeal with a Higher Court

If the lower court’s ruling is not in your favor, don’t lose hope. File an appeal in a higher court under Article 102 of the Bangladesh Constitution. Working with a top law firm in Dhaka can help you navigate this challenging process.

Case Study: The Return of Rafique’s Land

Rafique had big plans for his land in Banani, Dhaka. One morning, he discovered that strangers were preparing to construct on his property, claiming it as their own. Confused and frustrated, Rafique turned to a knowledgeable lawyer from a leading Dhaka law firm.

His lawyer recommended that he send a legal notice first. When the squatters ignored it, Rafique filed a civil suit and requested a temporary injunction to halt the construction. After reviewing his documents, the court ruled in Rafique’s favor. The police intervened, stopping the illegal activities on his land. Eventually, the court declared Rafique the legitimate owner, and he was able to reclaim his property.

Bangladesh’s Key Land Laws

Knowing the law is essential in protecting your rights. Some important laws include:

• The Transfer of Property Act, 1882
• The Registration Act, 1908
• The Specific Relief Act, 1877
• The Land Survey Act, 2011

If you are facing a land dispute, it’s crucial to consult with the best law firm in Dhaka to ensure your case is handled properly. Their expertise can guide you through the complex legal process and help you secure justice.

Before It’s Too Late, Protect Your Property

Land encroachment is a serious problem, but it’s not an insurmountable one. By taking the appropriate legal action at the right time, you can protect your rights and secure your land. Stay vigilant, organize your documents, and don’t hesitate to seek help from a trusted law firm in Dhaka. Your property is yours, and with the right legal support, you can ensure that it stays that way.