What is the difference between an encroacher and a tenant?
A tenant entered with permission and has tenancy rights. An encroacher or grabber never had a lawful start, and that difference dictates the remedy.
Illegal Occupation & Encroachment
Illegal Occupation & EncroachmentRemedies Against Grabbers
Legal assistance for owners facing property grabbers, illegal occupation and boundary encroachment, through the Illegal Dispossession Act 2005 and civil suits for removal.
Not a tenancy disputeSessions Court routeOverseas owners
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Questions, Answered Directly
Can I sue a property grabber under the Illegal Dispossession Act?
Yes. The Act allows a complaint before the Court of Session, with up to 10 years imprisonment and interim restoration of possession during trial.
What if my neighbour built on my boundary?
A mandatory injunction can compel removal of the encroaching structure, alongside a suit for possession of the encroached strip.
What evidence proves encroachment?
Fard, site plan (tatima), revenue record, and a local commission report from the court are the standard evidence.
Illegal Occupation & Encroachment
An Encroacher NeverHad a Lawful Start
That single fact separates this topic from tenant disputes and dictates the whole remedy. A tenant entered with permission and holds tenancy rights. An encroacher or grabber entered without it, and the law treats the two differently.
For property grabbers, the Illegal Dispossession Act, 2005 provides a criminal-cum-restitutionary route before the Court of Session, with interim restoration of possession under s.7 during trial.
For boundary and adjoining-land encroachments, a mandatory injunction and a suit for possession of the encroached strip are the usual civil remedies.
Act before the wall becomes permanent. The earlier the local commission and interim orders are sought, the cleaner the remedy.
Areas We Handle
Encroachment & Occupation ServicesFocused on the Owner's Position
Focused legal assistance across grabbers, encroachers, boundary disputes and illegal construction.
Illegal Dispossession Act Complaint
Criminal-cum-restitutionary complaints before the Court of Session against property grabbers, with interim restoration under s.7.
Removal of Encroaching Structures
Mandatory injunction suits to remove structures illegally built on your land, including boundary encroachments.
Recovery of Possession
Suit for possession where an occupier without a lawful start has taken over or extends beyond your property.
Boundary & Adjoining Land
Disputes where a neighbour encroaches on a shared boundary or annexes a strip of your land.
Interim Protection
Urgent orders to stop construction, further occupation or transfer while proceedings are pending.
Evidence & Commission
Fard, site plan (tatima), revenue record and local commission reports are assembled to prove the encroachment.
Available Remedies
Your Options AgainstIllegal Occupation
The remedy is chosen by who the occupier is and how they entered.
Sessions Court Complaint
- For property grabbers who entered forcibly
- Up to 10 years imprisonment plus fine
- S.7 interim restoration during trial
Mandatory Injunction
- Compel removal of illegal construction
- Under s.55, Specific Relief Act
- Good for boundary encroachments
Suit for Possession
- For occupiers without a lawful start
- Combined with declaration of title
- Executable decree for possession
Boundary Disputes
- Neighbour annexing a shared boundary
- Site plan and revenue record are key
- Local commission reports the ground truth
Revenue & Records
- Fard establishes the recorded owner
- Tatima (site plan) shows the extent
- Mutation history exposes the grab
Interim Protection
- Stop further construction
- Restrain transfer or alienation
- Preserve the status quo pending trial
How We Proceed
A Clear Path to Removethe Encroachment
From establishing the lawful start to enforcing removal, the process is sequenced around the fastest lawful cure.
01
Establish the Lawful Start
How you hold title and possession, and how the occupier entered, are established with the revenue record.
02
Decide Civil or Criminal
Whether the Illegal Dispossession Act route, a civil suit, or both apply is assessed from the facts.
03
Seek Interim Orders
Urgent protection stops further construction or occupation while the matter is pending.
04
Enforce Removal
Possession, removal of structures and restoration are pursued through decree or order execution.
Legal Framework
Encroachment LawIn Pakistan
The governing statutes are the Illegal Dispossession Act, 2005 for grabbers, and the Specific Relief Act, 1877 for civil injunctions and possession.
S.2
Illegal Dispossession Act, 2005
Definitions of owner, occupier and property for the purpose of the Act.
S.3
Illegal Dispossession Act, 2005
Penalty for property grabbing of up to 10 years imprisonment plus fine.
S.7
Illegal Dispossession Act, 2005
Interim restoration of possession during trial where occupation is prima facie unlawful.
S.55
Specific Relief Act, 1877
Mandatory injunction compelling removal of an illegal construction or encroachment.
Evidence That Wins Encroachment Cases
The evidence below is what courts actually rely on in encroachment and illegal occupation matters.
Fard (revenue record)
The official record of who owns the land and its extent.
Tatima (site plan)
The approved site plan or map showing boundaries and constructions.
Local commission report
The court-appointed commissioner's physical report of occupation.
Concerned application evidence
Notices, applications and correspondence recording protest and demand.
Grabber, not tenant
If the occupant entered without permission, this is not a tenancy matter and the tenancy law route is the wrong one. See our illegal occupation guide and recovery of possession guide for the full breakdown.
Frequently Asked Questions
Questions you may havebefore taking the next step.
Find answers to common questions about our legal services, consultation process, and handling of legal matters in Pakistan.
The Illegal Dispossession Act, 2005 defines who counts as an owner, occupier and property for its purposes, and creates a fast criminal-cum-restitutionary route before the Court of Session.
Forcible self-help is risky and can itself attract legal consequences. The prescribed route is through the court, including urgent interim orders.
Under s.55 of the Specific Relief Act, 1877, a mandatory injunction compels a positive act, such as removal of an illegal construction or encroachment.
A court-appointed local commission physically inspects the property and reports who occupies what, which is often decisive in encroachment cases.
Yes. Through a power of attorney and local representation, overseas owners can pursue Illegal Dispossession Act complaints and civil suits from abroad.
Hire an Encroachment Lawyer
Someone Is On Your Property.Act Before It Becomes Permanent.
Get a practical read on whether the Illegal Dispossession Act route, a mandatory injunction, or both fit your occupation dispute.
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Browse all guides →Illegal Occupation & Encroachment in Pakistan: Remedies Against Property Grabbers
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Related Services
Related Legal ServicesAcross Our Practice Areas
Legal matters rarely exist in isolation. These related services cover the rights, documentation and procedures that often overlap with the topic on this page:
Recovery of Possession
Civil suits and Illegal Dispossession Act complaints to recover possession from grabbers and occupants.
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Plot allotment, possession and encroachment disputes with housing societies in Lahore.
Explore ServiceDeclaration & Cancellation Suits
Suits to establish title and cancel deeds that support the encroacher's claim.
Explore ServiceProperty Disputes
Ownership, inheritance, possession, transfer and fraud disputes across practice areas.
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