You can file a demarcation request with filing a suit for the same.
Land boundary dispute with neighbour
Frequent quarrel is going on with my neighbour over the land boundary issue. There are some structures on both the sides of the boundary of which some are attached and some are separate. Neighbour is claiming that most of the structures on our side are falling on their side of land. I want the matter to be resolved by demarcating the boundary. How to go for it with the help of law?
Asked 6 years ago in Property Law
Religion: Hindu
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15 Answers
You need to file an application for demarcation of your property(land) in tehsil of your area.
Tehsildar will appoint a kanoongo for making naksha and demarcation of your land.
You can file a petition before SDO writing all your grievances, give a copy of it to District Magistrate, SP & local police station. Request them to verify and demarcate your land so that you can put your boundary, also request them to provide police force so that any possible fight should be avoided.
Hire one surveyor. Get the map ready. Find out your property line.Call your neighbor. Let him check it with the map and surveyor's report. Reach an agreement with your neighbor.
If no agreement is reached issue legal notice to this effect.
File suit for proper demarcation of boundary line as a last resort.
Hello,
File a case under section 144 of the crpc to restore peace.
And then file a declaratory suit in the civil court .
If you need any help in this regard don't hesitate to contact me.
Regards
You can apply to survey office to demarcate the boundaries of your land
See you can file an application before the city survey officer to appoint person to demarcate the boundary as per the approved maps.
Dear Sir,
As per Survey Act, 1865 'boundary dispute' means contentions between two neighbouring land-proprietors as to where a boundary line or boundarymarks has or have been fixed by the Survey officers. The dispute becomes graver when the said part of the property in dispute is mortgaged by one of the parties.
Boundary line disputes are most often in residential areas and therefore affect the privacy and also the cordial relation of the neighbours. It could result in serious consequences including the punishment for trespass or unrestricted right to cut off the branches of tree extending to the property of another without the first person’s permission and extension of it for continuously long period cannot be taken as a defence then (Smt. Manikkam v. Smt. Kamala, AIR 1987 Ker 72). Such disputes are found more in case of single-family residential, sub-urban or rural areas where the property is not properly demarcated. Changes in natural settings, development of easementary right, getting hold of property by adverse possession or ignorance of wrong particulars in property papers for a long time; are all root causes of such dispute.
Both the parties usually are under some impression as to their boundary, but the dispute crops up when there is illegal encroachment or some construction is done beyond the ‘presumed’ boundary line. The true property owner has the right to get rid of it, for which either the other party is expected to remove the encroachment or the owner would be free to do it himself so far it crosses his boundary.
Updated Land records can be of use to resolve such dispute, however, in its absence, a fresh survey could be asked to be conducted by an independent contractor.
Negotiation and mediation should be preferred over filing a declaratory suit or suit of trespass. However, in case of failure to achieve any positive results, suit is the end option. Where the suit of continuing trespass or ejectment could provide with damages along with the relief claimed, on the other hand, a court by making a declaration can clear all doubts with respect to the dimensions and title of the property.
Can I ask for any relief from court under specific relief act to restrain my neighbour to create any nuisance and violence and peacefully resolve the boundary dispute by legal means?
Asked 6 years ago
you can file suit seek injunction restraining neighbour from disturbing your possession of land
An injunction can not be granted --
to prevent, on ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance ;
when equally efficacious relief can certainly be obtained by any other usual mode of proceedings except in case of breach of trust.
Due above you can not get any relief by issuance of injunction to this effect.
Yes you can file a suit and seek the relief as aforesaid
See such relief to peacefully settle cannot be claimed from the court you can file a suit for court to decide though.
You can file an application for permanent injunction for restraining your neighbour to create any nuisance in the disputed property.
You can file a suit for declaring your title over the disputed land i.e., the place which is reported to have been occupied by him or you against each other's property.
In the suit you can seek for survey of your property through government surveyor and get your property properly surveyed and demarcated.
You can file a suit for declaration of your title over the disputed area of the property and also file an application seeking injunction against him restraining him from disturbing or creating nuisance to you against this issue till the disposal of the main suit