• Neighbors/common wall

I am constructing a house. On one side of the plot (west side) there is a house with common wall on the east side is an empty plot. I need to build a common wall but the owner of the empty plot is delaying in coming to the site to agree on the demarcation line. I have thought about building the wall in my site if the delay continues. The question is how do i know where to draw the line of where my plot ends on the east side? What is the reference point legally? Can i seek help from municipal authority? Are they responsible to help me with the marking of boundary line? My effort is to be correct legally in my action and prevent the matter from going to court. Thanks

Thanks
Asked 5 years ago in Property Law
Religion: Hindu

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12 Answers

Dear Sir,

You can seek help from the authenticated surveyor of the Municipality. Before that get surveyed by a private surveyor in accordance with sanctioned plan and measurements therein. Get issue a legal notice to the owner of vacant site to cooperate and if do not turn up on the day fixed then it will be defense document for you.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Make application to survey office for demarcation of boundaries of land 

 

2) notice would be issued to neighbours to remain present for demarcation of boundaries of land 

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

See you can file an application to demarcate the boundaries as per the plans and area with the municipal survey office and a notice and intimation to neighbour for same can be sent so that he does not raise dispute in future.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

File an application to the survey office for demarcation of boundaries of your property.

Also, intimate your neighbour as to when the demarcation is going to be done and ask him to be present there.

Fee for house site Rs.10/-.
Agricultural land up to 2 hectare Rs.25/-.
Agricultural land between 2 hectares to 4 hectares Rs.50/-.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dear Client,

It will be better to fix demarcation line according to the other party instead of going to court. You may also file a case in court. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Apply for survey in municipal office and demarcation. or acc. to your area as per sale deed and hire surveyor, get the report prepared and construct wall. Once constructed cannot be demolish without court order if erected on his area by chance.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You can mark it as per your plan and land specifications.  You can also avail the services of the municipal authority also for marking the same

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. You can seek the service of an  Amin/ Surveyor  of the local Municipal Corporation and get the demarcation of your land physically drawn.

 

2. You have your plot no., Dag No. etc in your Title Deed basaed on which the exact physical location of your land can be drawn/identified. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

File a demarcation case before the circle officer within the area where the land is situated and deposit the request fee as required and I think your problem will be resolved if possible take the help of local lawyer to make your easy

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear client 

The reference point for calculation of boundary would be the centre point of the common wall on west side.

You can measure the length if plot from west wall according to your papers and subtract the half width of wall(west) and it will be your boundary. And you don't feel satisfied then you can file application in municipal corporation for demarcation of your plot to get exact boundary of plot. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yes you need to take help from municipal authorities 

Send a notice to him to cooperate within specified time failing which you will take help of the authorities 

Yes, you will have to take help from municipality. Do not do the demarcation on your own

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You have a property title documents with you?

In the property title document you can find your boundaries on all the four sides of your property.

Your engineer or a surveyor can also demarcate your property properly before starting the construction, hence you need not be worried about i, you can ask either of them to fix the boundaries on all the four sides of your property.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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