3 Answers
Based on the facts and applicable law, the principle of adverse possession clearly operates in your favor.
You and your predecessors have been in open, continuous, and undisputed possession of the entire property — including the 3-feet strip — since 1965 (over 60 years).
No challenge, complaint, or litigation was initiated within the statutory limitation period of 12 years.
The property has been recognized and divided among your family with valid municipal approvals.
The neighboring owners’ right, if any, has long been extinguished under Section 27 of the Limitation Act, 1963.
Their current demand for a penalty or compensation is baseless and unenforceable in law.
In the event they attempt to initiate any legal proceedings now, your family can confidently defend the case by invoking adverse possession and limitation, supported by decades of records, approved plans, and tax payments.
Legally speaking, after 60 years of peaceful and open occupation, the title by possession has matured in your favor, and no civil court will disturb such settled rights after such a long delay.
Dear Sir,
The 3-feet encroachment exists on neighbor’s land (neighbor claims).
Continuous use for 60+ years (if the encroachment existed since 1965) can help you, because neighbor did not object for decades.
No legal notices / complaints were ever sent — this strengthens your position.
Neighbor only raising issue recently: Limitation applies.
Limitation for civil suit (to recover land / encroachment):
Section 27, Limitation Act, 1963: 12 years from the date the true owner knew about the encroachment and could have filed a suit.
Since your neighbor started construction in 2016 (approx. 9 years ago), and the encroachment was unknown to them until then, the 12-year period may not have started yet, depending on discovery date.
Important: Courts consider the “date of knowledge” by the rightful owner to claim limitation.
Adverse possession cannot be basis of any claim. From the date of knowledge can also be basis of claim so possession for 60 years does not matter and is of no value.