• Property border dispute

Hi sir.  One side of my land is 1mtr wide way to one guys home .He is not allowing me to build border wall that side .He demanding 2ft wide land from me to make his way more wide .land is in my and my wife's name . I am not ready to give the land and I wanted to build the border wall. What should I do . I am loving in Dubai, family is in india
Asked 1 year ago in Property Law from United Arab Emirates
Religion: Christian
1) you can carry on construction on your land after obtaining prior permission of muncipial corporation 

2) if neighbour is objecting and refuses to permit you to carry on construction complain to local police station against your neighbour 

3) you can also move court and obatin order restraining neighbour from creating obstructions in construction of boundary wall 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
If the land is in your name and your wife's name, it is not understood as to on what basis he is demanding 2ft wide land from your. It is advisable that you get your construction of boundary wall plan approved from the local municipal corporation and issue legal notice to the neighbour to stop creating obstruction else legal consequences will follow. If he is still adamant, then file a police complaint of tresspass and criminal intimidation against him. Simultaneously you can obtain orders from the court restraining your neighbour from creating any kind of obstructions in construction of boundary wall.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
You go ahead and construct the wall on your property, if he obstruct it, probably you need to approach the civil court and obtain a injection against him
Siji Malayil
Advocate, Bangalore
7 Answers
0 Consultations
Not rated
1. Is he disallowing you to build the wall on the land which is owned by you? If yes then you can move to court and seek a stay order to stop him from making interference in the construction. 

2. Since you are living in Dubai your wife can move to court to seek the appropriate orders as she is a joint owner of the land.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
A. I would like to draw your attention to the fact that have you constructing wall as per the norms of the local bye laws?.

B. You have bounden duty to construct a wall as per the local authority ( Municipality) rules and regulation. 

C. In case, the unnecessarily opposite party trying to obstruct to construct a wall even though you are following local laws, then you can approach the local Court by filing an application for injunction against him. 
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
if this road has been using for more that 20 years by that man then he can't claim to provide wide road because no easementary right is accrued in respect of that road. you should get temporary injunction by the court under order 39 of c.p.c. and prevent him to raise any obstruction in making boundary across the road. 
you can give application before SDM under section 145 cr.p.c. for illegal obstruction then SDM will take a bond from him and prevent him from committing any illegal act.
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
1. Who is the owner of the land on which the said 1mtr way has been made?

2. Is it on your neighbour's land? Is it a private way to be used  by you and himself?

3. Has the way been made by local panchayat/municipality?

4. If yes, then you are not bound to leave 2 ft to widen the said way,

5. If the land on which that 1mtr way has been made belonged to him and the width of the way according to local rule should be more than 1 mtr, then he can demand the balance area of the land to be given by you for widening the way as per local rule for the use of both of you.  
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. Get your land surveyed by metes and bounds by the Govt. authorised surveyor.
2. When once the borders of your land are clearly marked by the surveyor, then you can build the border wall to your land and the neighbour can not object to that because the survey would have been done earlier and the clear demarcation of the land would have been marked.
3. Even though you are in Dubai, you can give POA to some body in your family, may be to your wife or any other person, on your behalf,. to arrange for surveying of your land in India.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0

Ask a Lawyer

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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0