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MMy father has four siblings: three sisters and one brother. When my grandfather died, the property was equally divided among all his children and my grandmother. Three of the sisters and my grandmother then transferred their portion of the property to my father and his brother (my uncle). However, no proper demarcation was made. My family lived on the ground floor, and my uncle lived on the first floor of the two-story building.
Unfortunately, my uncle secretly sold 50% of the property to a family that moved in a few months after my uncle relocated to a new home. Then, this family demolished the old structure and built a new one that added an extra floor to the building without any municipal building plan. I am shocked because they have encroached on our property, taking 150 square feet of our portion.
Also, they are using our septic tank, and since the building has no septic tank or drainage system, they use our land to run water.
What are my legal options? Are we able to do anything? Can I take action against them for these various violations? We have already filed a preemption case along with a title suit. Is this enough?
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S**Your uncle’s shady sale and the buyer’s encroachment are legally challengeable.** Since you’ve already filed a **preemption case** (right of first refusal) and a **title suit** (to establish ownership), here’s what else you can do:
1. **File an injunction** – Stop further encroachment and force them to remove construction on your 150 sq. ft.
2. **Report illegal construction** – Complain to the municipal authority, might order demolition.
3. **Take action against utility misuse** – They can’t use your septic tank and drainage; file a nuisance comp.
4. **Demand official demarcation** – This strengthens your title suit and prevents future disputes.You’re on the right track with the lawsuits, but also push for an injunction + municipal action ASAP! A good property lawyer can speed things up. Hope this helps!
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M1. Injunction filed, extended multiple times, they did not paid any heed to that. We even called police their action too didn’t yield any fruitful result.
2. Already did multiple times. To the municipal chairman + Executive Officer. Again nothing. At this point local political people got involved.
3. Confused about this point, will they not get this covered under basic human rights?
4. Yes, doing that only. But the process is extremely slow. -
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M1. Injunction filed, extended multiple times, they did not paid any heed to that. We even called police their action too didn’t yield any fruitful result.
2. Already did multiple times. To the municipal chairman + Executive Officer. Again nothing. At this point local political people got involved.
3. Confused about this point, will they not get this covered under basic human rights?
4. Yes, doing that only. But the process is extremely slow. -
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