Possession, Eviction & Tenancy Disputes
Owning land and holding it are two different things. Where you have been kept out of your own property, or a tenant or occupier will not leave, we recover and protect possession through the proper legal process, not a risky self-help eviction.
What this covers
Possession disputes are about who is physically holding land and who is entitled to. We act to recover possession for owners kept out of their property, to protect lawful possessors from being thrown out, and to resolve landlord-and-tenant disputes over holding over, arrears and eviction.
Recovering possession
Where you own land but someone else holds it, we sue to recover possession, on the strength of your title or your prior possession. The law protects even a possessor who has been dispossessed except by due process, which is a powerful tool against those who take land by force.
Eviction and tenancy disputes
Where a tenant holds over, stops paying, or breaches the terms, we pursue eviction and arrears through the correct process. Self-help eviction, changing locks or forcing a tenant out, can turn the owner into the wrongdoer, so we do it properly.
What helps your case
- Your title or evidence of prior possession
- The tenancy agreement, where there is one
- Evidence of the dispossession or the breach
- Rent records and any notices already given
Where it is heard, and how long it takes
Possession and eviction suits generally run from several months to a few years, depending on the forum and whether title is also disputed. Urgent situations, such as a forced dispossession, can be met with quick interim applications.
Establish the right
We confirm your title or prior possession and the basis to recover or hold the land.
Give proper notice
Where notice is required, we serve it correctly so the case is not lost on a technicality.
Sue for possession or eviction
We bring the suit and seek interim protection against further interference.
Recover and enforce
We obtain the decree and see possession actually delivered, with the court’s process behind it.
Read the free guides first
Most of what clients ask at a first meeting is answered step by step in our free guides. Read the ones below first; book a consultation when you want the chamber to act.
Common questions
Someone has occupied my land by force. Can I remove them myself?
No. Even as the owner, forcing them out can rebound on you. The law lets you recover possession through the court, and it treats forced dispossession seriously, which is your strongest card if you use it properly.
My tenant has stopped paying and won’t leave. What can I do?
We pursue eviction and arrears through the correct process, starting with proper notice. Avoid changing locks or cutting utilities, which can make you the party in the wrong.
I have possessed the land for years without papers. Am I protected?
Long possession has legal value, and the law protects a possessor against being thrown out except by due process. Whether it amounts to a title is a separate question we can assess.
What is a section 145 case?
Under the Code of Criminal Procedure 1898, s.145, the Executive Magistrate decides who is in actual possession where a land dispute threatens the peace, and can keep that person in possession. It does not decide ownership; that is for the civil court.
I received a section 145 notice. What should I do?
Appear on the date with your deed, khatian, mutation, tax receipts and proof of possession such as witnesses or photos. Missing the hearing can leave the other side in possession.
Can the new land crime law get my land back?
Yes. Illegal occupation is a crime under the Land Crime Prevention and Remedy Act 2023 (up to two years and a fine), and you can apply to the Executive Magistrate to restore possession (s.8); a court can also refer the matter (s.20).
Recover or protect your possession
Through the proper process, which is the one that lasts. A written assessment costs nothing.
