• Encroachment into apartment land

We are an apartment located in South Bangalore. The apartment is 3 years old and is registered under KSRA. We(the association) are investigating some aspects of our apartment complex and as part of the investigation we have done a private survey of the land on which the apartment is situated.

Following issues have come to the fore as a result of the survey:

1. There is encroachment into apartment land to the extent of 10,000 sqft
2. The apartment complex has encroached into some private property to the extent of 3000 sq ft.

On the association's insistence the developer has also done a survey of his own. The survey is only "as-built" position survey. The shape and measurements of the land in the survey done by the developer differ from the "survey record ".The survey done by the association matches with the "survey record". Further the association's survey sketch is corroborated by "Google Earth" files published by the Karnataka land records department.

These issues were discussed with the developer by the association and a group of residents. The developer is saying the land records are old.[ The land records are given to each flat owner at the time of purchase of flat]. He is unwilling to opt for a government survey of the land.

However he is saying there is some exchange of land with the neighbors and he's offering to make some documentation with registration in which the neighbors will state and agree to the as built position of the apartment complex.

 We would like to know-
 
 1. If the Association gets a registered agreement which states that the current as built position of the apartment is correct from all the neighbors will that hold i.e. legally valid ?

 2. What are the ways in which this problem can be set right ?
Asked 6 years ago in Property Law
Religion: Hindu

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3 Answers

1. A registered agreement will not be sufficient, to check the same you can approach the office of the sub-registrar and check to whom the said land belongs also you can ask the builder to show you the registered instrument by means of which title of the land has been transferred.

2. You can file a case in the consumer forum for deficiency in service also you can file an FIR for cheating.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1) get survey of land done by the survey office

2) if encroachment has been done by neighbours to extent of 10,000 sq feet then file eviction suit against neighbours

3) neighbours should execute gift deed in favour of association to transfer land in association favour

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. The agreement may sound god for the present, but in the later stage if someone claims his property mentioning that he was not consulted and he is not a party to the agreement, then you may face the legal issues accordingly.

You may analyse the pros and cons of all aspects that are involved in it, if ther are some considerations to be passed, you may agree to it and buy the encroached portion by a registered purchase deed.

2. A decision in this regard is to be taken by the general body meeting by passing a resolution.

The developer may tell thousand things for his convenience and to save his skin for the present, he will not be available to anser the litigation that may arise in the future.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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