• Construction without demarcation

I'm constructing a room in my property and I have taken permission to build the room from municipal cooperation but I have not done demarcation of my property, but the neighbors is complaining that we are building in his property, as per my knowledge I have not enter their space.
So I need to know if there will be consequences from the court, or it would be any stay order to stop the construction.
Asked 4 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

It will be safe for you if you do the demarcation. Because after demarcation the matter will be closed then and there.

But if in future your neighbour approaches court then it will take too long for the case to get decided. And till then maybe yoyr eextended construction will be stayed. And property under dispute cannot be sold or transfered to anyone.

So get the demarcation done. Its safe and easy option.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. It is not clear whether your neighbour has brought any injunction order court of law or not.

2. if not then continue with the constructions if you are certain that you have not encroached upon their land.

3. To avoid any ex parte order of stay you may consider filing a Caveat petition in local courts.

4. once your neighbour files any suit and seek injunction if you can satisfy the court with regard to the area of land belonging to you wherein the constrcution is going on I do not find any reason for worry.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If you are construction in his property then the neighbour can get a stay order from.the court and further the same can be demolished if that is enchroaching neighbour land.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If boundaries have not been demarcated neighbour can file suit and seek stay of construction

2) apply to survey office for demarcation of boundaries of your property

3) then carry on construction on your property

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Please get the exact marks of your property. Meet your neighbour and ask him to show his documents too. Take help of an advocate. If things get difficult please approach court for injunction against neighbour to stop him from obstructing your construction.

Susheel Kumar
Advocate, Mumbai
34 Answers

5.0 on 5.0

Firslty, there has been a practice in the society that people make issues when someone constructs something.

Secondly, sometimes they raise the issue on the ground of non permission, and when the permission is sought then they say construction affecting my rights also.

Thirdly, I Advice you to please approach the court befor they because if they go prior to you then they may get the temporary injunction.

Fourthly, but, if you go first under the suit of permanent injunction from restaingn you to construct the same then you may be have some relief eventually when they would turn up.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You should consult an advocate and file CAVEAT in lower court, senior court and Dist Court at the earliest.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) Yes, your neighbors may stop your construction work by way of stay.

2) You better apply for demarcation of land and get set boundaries as per mutation records or if you have any land layout in government offices.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Then you better demarcate the property through boundary walls.

2. If you apprehend that the neighbour may go to court and obtain an ex parte temporary injunction against you then you should file a caveat to ensure that he gets no ex parte relief.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Yes, since the demarcation has not been done, the Court may injunct you from proceeding ahead with the construction in case your neighbour approaches the Court and seeks a stay order.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If you anticipate any legal problem including stay order by court you better file a caveat petition against them.

After that you may file a declaration suit to declare your title and correct extent of your property as per revenue records.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer