Cover image via NSTP
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Removing unauthorised structures from your own land isn't as simple as calling in a bulldozer
In fact, rushing in could land the owner in trouble, with possible criminal mischief charges or claims for immediate demolition costs.
Veteran criminal lawyer Datuk Geethan Ram Vincent said there is a proper process for reclaiming land from unauthorised buildings.
This involves filing a civil action for trespass, applying for an interim injunction to halt construction, or seeking a mandatory injunction to compel removal.
"Landowners can also pursue vacant possession and demolition orders through the High Court or Sessions Court, depending on the case," he said.
Geethan outlined the steps: first, verify ownership, conduct a land search, and confirm boundaries with a survey if necessary.
Next, issue a formal letter demanding that the trespass cease and the structure be removed within a set timeframe.
Finally, file court proceedings seeking declarations of ownership, injunctions — prohibitory or mandatory — orders for demolition, vacant possession, and compensation for damages or costs.
"If the encroacher doesn't comply, the court can sanction demolition, enforced by bailiffs or relevant authorities," he added.
The timeline? If uncontested and straightforward, three to six months may be enough.
But contested cases can drag on 12 to 24 months, or even longer, depending on complexity and cooperation, Geethan said.
