• Border fencing issue

My father bought a land from my neighbour of 1.75 acres from 3.5 acres of my neighbours land. In the 3.5 acres ( my neighbour took 1.75 acres ( perfect square) and left balance land of 1.75 acres to us. Unfortunately, my 1.75 acres of land was blocking my neighbour to come outside or to reach the roadside. 
My neighbour was not allowing us to put the border with Barbed fencing. Because he is not having the way to go inside his land. Unknowingly he sold to us and the same was recorded in the government sketch also. Now i want to put Barbed fencing to all my land. But my neighbour is threatening us , that he will kill me or he will not allow us to put the fencing.
How to legally face this issue. Because i dnt want to put a suit for this property and keep on running for the court order. Is there any good way or legal way to put fencing to my land.
Even my neighbour has police support also, they are trying to make a criminal case in this regard. I have already filed a complaint in police commissioner office, that my neighbour is inviting me for fight and trying to make a criminal case. I am a salaried person, if any criminal case was filed, i will loose my job also. 
Even after filing a complaint in commissioner office , no action was taken against them. I am clue less. Help and advice me in this regard...
Asked 2 years ago in Property Law from Coimbatore, Tamil Nadu
Religion: Hindu
If the neighbor's tortures are not bearable and beyond tolerance, you may first issue a legal notice to him to restrain from indulging in such criminal activities against you including posing threats.  If at all he has any relief to be claimed, he may approach court of law and not to take law into his hands. 
If he is not listening or still continue to do those acts despite this legal notice, you may file a suit for mandatory injunction against him to restrain him from interfering into your peaceful possession and enjoyment of the property with an application for an ad-interim injunction on the same lines till the disposal of the suit.  This will make him to run from pillar to post or to compromise with you for his easement pathway for access to his lands. 
T Kalaiselvan
Advocate, Vellore
36896 Answers
403 Consultations

5.0 on 5.0

Fearing person's died several times in their life. Law equally protect poor and rich,layman and employee.
Who told you that, when a criminal case is launched then your job will quit or loose .It is a mistake to all .

Your case is like a civil nature so best to approach the civil court and get a stay from court ,you can do the things via court order and feel the power of law and judiciary.If needed try for a police protection
Ajay N S
Advocate, Ernakulam
2821 Answers
47 Consultations

5.0 on 5.0

1) your neighbour has right of way over your land to reach the roadside 

2) you can grant right of way to your neighbor of certain stretch and fence the balance land 

3) you can seek police protection to carry out fencing of your land 

4) if your neighbour obstructs move court to direct police to provide you protection for carrying out border fencing 

5) you can also obtain permission from municipal corporation to construct compound wall  over your land 
Ajay Sethi
Advocate, Mumbai
46746 Answers
2767 Consultations

5.0 on 5.0

1. To redress the threat of killing you should lodge a complaint for criminal intimidation against him. If no action has been taken by the police on your complaint then you can file the case directly in the court which will proceed against him according to the law.

2. If he impedes the fencing of this property then you have to obtain court orders. You can file a lawsuit against him to restrain him from obstructing the fencing work.

3. The neighbour has to find an alternate way to enter his land. To fence property is the right of every owner.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

1. Your neighbour having strong police connection  does not allow you to fence your land and threaten to kill you for which you do not want to approach the Court. In that case what other good ways can be available to solve this problem?

2. Your neighbour has purposely sold the property blocking his ingress and outgress and not claiming for it meaning that he has already collected price for the said pathway from you which he is using now,

3. File a police complaint now against him for cheating you and pursue the case fittingly,

4. You can also file a recovery suit praying for refund of th.
 amount he has taken from you towards the cost of the pathway alongwith interest and damage.

Krishna Kishore Ganguly
Advocate, Kolkata
18753 Answers
453 Consultations

5.0 on 5.0

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