How to Remove Encroachments on Property in Islamabad & Peshawar — Practical Guide?

Encroachment is one of the most common property-related problems in Islamabad and Peshawar. It occurs when a person unlawfully occupies or builds on another’s land, either partially or entirely. Such disputes can cause financial loss, restrict the lawful owner’s use of their property, and often lead to prolonged litigation if not addressed promptly. Nouman Muhib Kakakhel – Lawyer & Legal Consultant has guided many clients in resolving encroachment cases, ensuring that rightful ownership and property rights are restored.

Legal Framework for Encroachment Removal

The removal of encroachments is governed by a combination of civil law, local government regulations, and property statutes. Owners can seek remedies by filing civil suits for possession, injunctions to prevent further encroachment, or applications for demolition of unauthorized structures. In addition, municipal authorities in Islamabad and Peshawar have the power to take administrative action against illegal occupiers. Parties often rely on real estate law professionals to identify the most effective legal path for their specific case.

Step 1: Establishing Ownership and Boundary Rights

The first step in tackling encroachment is to establish clear ownership of the property. Courts require ownership documents such as sale deeds, mutation records, allotment letters, or revenue maps. In disputed boundary cases, a demarcation by the revenue department is often ordered. Without solid proof of ownership and defined boundaries, the court may dismiss the case, making documentation critical to success.

Step 2: Serving a Legal Notice to Encroachers

Before approaching the court, a legal notice is often served on the encroacher, demanding removal of the unlawful occupation. This step demonstrates the owner’s intent to resolve the matter amicably while also creating a record of the dispute. If the encroacher fails to comply, the matter escalates to litigation. Many owners seek litigation support for property disputes at this stage to ensure the notice is drafted in compliance with law.

Step 3: Filing a Suit for Possession and Injunction

When encroachment persists, the rightful owner may file a suit in the civil court for possession and permanent injunction. The court examines ownership documents, hears evidence, and may issue temporary injunctions to stop the encroacher from making further constructions during the trial. If successful, the court passes a decree directing removal of the encroachment and restoration of possession to the owner.

Step 4: Execution of Decree and Removal of Encroachments

After a decree is granted, the next step is enforcement. Courts can appoint bailiffs or order police assistance to remove the encroachment physically. In many cases, local development authorities or municipal bodies are directed to assist in demolishing unauthorized structures. This stage is crucial because without proper execution, even a favorable judgment may remain unimplemented. Property owners often rely on enforcement-focused legal advisors to overcome resistance from illegal occupants.