Bangalore Apartment Encroachment: Legal Risks & Verification

By the Property Law Team | Legal Brigade | Bar Council of Karnataka

When a Bangalore apartment building has been constructed in a way that encroaches on a neighbouring property - whether through a foundation that extends beyond the property boundary, a boundary wall built on the neighbour’s land, a setback violation that occupies the legally required open space or an overhanging balcony or slab - the neighbour holds an unresolved legal claim against the building that all flat owners in the building share and that a buyer inherits on purchase.

What Types of Building Encroachments Affect Apartment Buildings in Bangalore?

Building encroachments on neighbouring properties in Bangalore take several physical forms. The most common is a foundation or boundary wall that was constructed slightly over the boundary line - often by a matter of centimetres that was invisible to the builder but material to the neighbour whose plot has been reduced. A second form is a setback violation - where the building was constructed closer to the boundary than the sanctioned plan’s setback requirement, effectively occupying space that should have been left open between the building and the boundary. A third form is an overhanging balcony, slab or roof structure that projects over the neighbouring property’s airspace.

Boundary encroachment disputes affecting apartment buildings are consistently among the most frequently filed civil suits in Bangalore’s City Civil Court involving immovable property - with the encroachment typically discovered when the neighbouring landowner attempts to develop their own property and finds the building has crossed the boundary. Legal Brigade’s litigation practice in encroachment disputes routinely finds that the encroachment has been present for years before the legal action begins. In our experience, over 60 percent of encroachment cases we handle involve apartment buildings where the encroachment was built during original construction and remained undetected until the neighbour initiated development.

What Are the Specific Legal Risks for a Flat Buyer When the Building Has Encroached on a Neighbour?

How Do I Check Whether a Building Encroaches on a Neighbouring Property Before Buying?

1. Obtain the tippani - the survey sketch - for the building’s survey number and compare it against the building’s physical footprint, paying specific attention to whether any portion of the structure is outside the boundary lines shown in the sketch. The tippani is the official revenue department sketch that records the exact dimensions and boundaries of the survey number. Any structure that extends beyond the lines marked in the tippani constitutes a potential encroachment. This comparison should be done by a surveyor or property lawyer who can read the sketch and measure the actual building footprint on the ground.
2. Ask the apartment association secretary whether any dispute with a neighbouring property owner exists or has existed in the past. An ongoing or recently settled encroachment dispute will be known to the association because the association is typically named as a party in any litigation. The secretary should disclose any pending suits, notices, or correspondence with neighbouring landowners. If the secretary is unwilling to provide this information or claims no knowledge, this itself is a red flag that requires deeper investigation.
3. Conduct a litigation search at the City Civil Court naming the building’s address, the association and any known prior owners as parties. A neighbour’s encroachment suit will appear in this search because the suit will name the building, the land on which it stands, and often the association as defendants. The search should cover both pending and disposed cases to identify whether a dispute was resolved or is still active. Legal Brigade conducts these searches as part of our standard property verification process.
4. Physically inspect the boundary walls and the building’s perimeter. Any wall or structure that appears to be on or very close to the property line should be specifically investigated. Look for boundary walls that appear to lean onto neighbouring land, foundations that extend beyond visible markers, or structures that appear cramped against the boundary. A physical inspection by an experienced eye can reveal encroachments that documents alone may not show clearly.
5. Have a property lawyer conduct a specific boundary survey assessment and confirm the building’s footprint is within its survey number’s boundaries before any purchase commitment. A lawyer can coordinate with a licensed surveyor to conduct a ground measurement, compare it with the tippani and the sanctioned building plan, and issue a formal opinion on whether the building encroaches on neighbouring property. This assessment is the most reliable way to detect an encroachment before you commit financially to the purchase.

What Legal Remedies Does a Neighbour Have Against an Encroaching Building in Bangalore?

Can an Encroachment Be Resolved Through Negotiation Before Litigation?

Many building encroachments are resolved through negotiation between the builder or the association and the neighbouring property owner - particularly where the encroachment is minor and the parties prefer to avoid the cost and delay of civil litigation. A common resolution is a formal license agreement - where the neighbour grants a written licence for the building to continue using the encroached area in exchange for a one-time payment or an annual licence fee. This does not transfer ownership of the encroached area but provides a documented legal basis for the building’s continued use of it. For a buyer, a properly documented licence agreement is significantly better than an unresolved dispute - but a freehold purchase of the encroached strip from the neighbour is the cleanest resolution.

See Legal Brigade’s complete boundary dispute guide at /boundary-encroachment-dispute-bangalore/

Frequently Asked Questions

Q1. What is a building encroachment and how does it affect flat owners?

A building encroachment occurs when any part of a structure - such as a foundation, boundary wall, balcony, or roof slab - extends beyond the legal property boundary onto a neighbouring plot. For flat owners in an apartment building, this creates a shared legal liability because the building as a whole is the encroaching entity. All flat owners become collectively responsible for any court orders, compensation, or structural remedies that arise from the encroachment dispute. A buyer who purchases a flat in such a building inherits this liability automatically, even if they were unaware of the encroachment at the time of purchase.

Q2. How do I check whether a building encroaches on a neighbouring property?

You should follow a five-step verification process: obtain the tippani (survey sketch) and compare it with the actual building footprint; ask the apartment association about any past or present disputes with neighbours; conduct a litigation search at the City Civil Court; perform a physical inspection of the boundary walls and perimeter; and engage a property lawyer to conduct a formal boundary survey assessment. Each step builds on the previous one to create a complete picture of whether the building stands entirely within its own boundaries or crosses onto neighbouring land.

Q3. What is a tippani and how is it used to detect boundary encroachment?

A tippani is the official survey sketch maintained by the revenue department that records the exact boundaries, dimensions, and shape of a survey number. It is drawn to scale and represents the legally recognised boundaries of the property. To detect an encroachment, the tippani is compared against the actual physical structure on the ground. If any wall, foundation, or projection extends beyond the boundary lines shown in the tippani, that portion constitutes an encroachment. The tippani is the primary documentary evidence used in court to establish whether a building has crossed its legal boundary.

Q4. What legal remedy can a neighbour pursue against an encroaching building?

A neighbour can file a civil suit for permanent injunction seeking an order for the removal or demolition of the encroaching portion. They can also seek mandatory interim injunction under Order 39 of the CPC to immediately stop further use or construction on the encroached area. Additionally, the neighbour can claim compensation or damages equivalent to the market value of the encroached land. In some cases, if the building has occupied the neighbour’s land for over 12 years, the building owner may counterclaim adverse possession. All these remedies are pursued in the City Civil Court.

Q5. What is an adverse possession claim in the context of a building encroachment?

Adverse possession is a legal doctrine under the Limitation Act, 1963, whereby a person who possesses land belonging to another for a continuous period of 12 years may acquire legal title to that land. In the context of building encroachment, if the encroaching portion of the building has remained on the neighbour’s land for 12 years or more without the neighbour taking legal action, the building owner may file a separate suit claiming adverse possession. If successful, the encroachment becomes legally permanent. However, adverse possession claims are complex and heavily contested, and the neighbour’s lack of action must be genuine and uninterrupted.

Q6. Can an encroachment be resolved through a licence agreement instead of litigation?

Yes. A licence agreement is a common negotiated resolution where the neighbouring landowner grants written permission for the building to continue using the encroached area in exchange for a one-time payment or recurring licence fee. Unlike a sale, a licence does not transfer ownership of the encroached land to the building owner. It merely provides a documented legal basis for continued use. For a flat buyer, a properly executed and registered licence agreement is far preferable to an unresolved dispute, though purchasing the encroached strip outright remains the cleanest possible resolution.

Q7. Who bears the cost of removing an encroachment - the builder or the flat owners?

In practice, the cost of removing or remedying an encroachment typically falls on the current flat owners through the apartment owners association. The builder may have originally constructed the encroachment, but by the time the dispute arises, the builder may be insolvent, untraceable, or no longer legally liable. The court order for removal or compensation is enforced against the current owners of the building. The association must then levy a special contribution or increase maintenance charges to fund the remedy. Buyers should verify whether the sale agreement contains any builder indemnity for encroachment-related costs.

Q8. How does an unresolved encroachment affect my home loan for the flat?

An unresolved encroachment can cause a bank to refuse the home loan entirely. During the technical valuation process, the bank’s surveyor or legal team may identify that the building’s footprint does not match the sanctioned plan or that litigation is pending against the building. Banks are extremely risk-averse when it comes to properties with boundary disputes because the property’s marketability and value are compromised. Until the encroachment is resolved through a court order, settlement, or licence agreement, most banks will not approve a loan against the flat.

Q9. Does a building plan sanction confirm the building is within its boundaries?

No. A building plan sanction granted by the Bangalore Development Authority (BDA) or Bruhat Bengaluru Mahanagara Palike (BBMP) confirms that the proposed plan meets zoning and setback requirements on paper. It does not guarantee that the building was actually constructed exactly as sanctioned. In many encroachment cases, the sanctioned plan shows proper setbacks, but the actual construction deviated from the plan during execution. Buyers must verify the as-built structure against the sanctioned plan and the tippani to confirm the building truly remains within its boundaries.

Q10. How does Legal Brigade check for boundary encroachments during property verification?

Legal Brigade’s property verification process for Bangalore properties includes a comprehensive boundary encroachment assessment. We obtain and analyse the tippani and compare it with the sanctioned building plan and the physical structure. We conduct litigation searches at the City Civil Court to identify any pending or past encroachment suits. We physically inspect the property boundaries and coordinate with licensed surveyors for ground measurements. Our final verification report clearly states whether the building encroaches on neighbouring property and what legal risks the buyer faces. We also advise on remedial steps, including negotiation strategies and documentation requirements.

Buying a flat in a Bangalore building that is very close to its boundary walls?

A tippani comparison and a litigation search confirm whether there is an unresolved encroachment dispute.

WhatsApp - wa.me/916360266840

Frequently Asked Questions