By S&S Co. Advocates & Solicitors · Published 28 September 2026 · Informational content, not legal advice. See our disclaimer
Why Boundary Disputes Arise
Boundary and encroachment disputes between neighbouring property owners commonly arise from imprecise or outdated title documents, informal demarcation carried out generations ago without a proper survey, new construction that extends beyond a property's actual boundary (whether deliberately or by honest mistake), or a fence or wall being moved. They are especially common in older colonies and villages where boundaries were never formally surveyed with modern precision.
Available Remedies
A property owner facing an actual or threatened encroachment can seek a temporary injunction to prevent further construction while the dispute is resolved, and, at the conclusion of the suit, a permanent injunction restraining the encroachment, along with, where appropriate, a mandatory injunction directing removal of any structure already built on the encroached portion. In some cases, a suit for declaration of the correct boundary, alongside the injunction, is also necessary.
The Role of a Court Commissioner
Courts routinely appoint a commissioner (often a qualified surveyor or the local revenue authority) to physically inspect the disputed area and prepare a report identifying the boundary based on the relevant title documents and any historical demarcation. This report is significant evidence, though not conclusive by itself; either party can raise specific, substantiated objections to it, including by seeking to examine the commissioner on the methodology used.
Being Present at the Survey Matters
Because the commissioner's inspection is often the single most important evidentiary event in a boundary dispute, a party's presence (in person or through a representative) during the inspection, and prompt, specific objections to the resulting report where genuinely warranted, can matter considerably more than arguments made only much later, at final hearing.
Practical Preventive Steps
Where possible, obtaining a fresh, professional survey and clearly marking boundaries before a dispute escalates (particularly before undertaking new construction near a shared boundary) is a far less costly step than the litigation that often follows a unilateral change to an existing boundary.
Frequently Asked Questions
My neighbour has built a wall that I believe encroaches on my land: what can I do?
You can seek a temporary injunction to halt further construction, and ultimately a permanent and mandatory injunction directing removal of the encroaching structure, generally supported by a fresh survey and your title documents.
Is a survey commissioner's report the final word on where the boundary lies?
No. It is significant evidence, but not conclusive by itself; either party can raise specific, substantiated objections to it, including challenging the methodology used.
Should I attend the boundary survey in person?
It is generally advisable: the inspection is often the most important evidentiary event in the dispute, and being present allows you to raise contemporaneous, specific objections rather than a general challenge much later.
Can I get an order to remove a structure my neighbour has already built on my land?
Yes, in principle: a mandatory injunction directing removal of an encroaching structure is available where the encroachment is established, though this typically requires a full suit and clear evidence, including a commissioner's survey.
References & Further Reading
This article references the following statutes and general principles. It is educational content, not advice on any specific property dispute.
- Specific Relief Act, 1963, Sections 38-42 (injunctions, including mandatory injunctions).
- Code of Civil Procedure, 1908, Order XXVI (commissions).
- See our Property & Civil Litigation practice area for further reading.