buyer ought to have done due diligence .
the area of plot is 302 square feet as mentioned in chain of documents
3) no need to pay compensation .
Site measurements are different from that mentioned in sale deed
I bought a plot of land in 1998 for which measurements are 45ft x 60.5 ft (area 302.5 sq. Yds) mentioned in the plan approval obtained by the seller. However in the sale deed only area and boundaries are mentioned (measurements not indicated in sale deed). Recently we got the site survey done by a surveyor and he issued certificate that the site measurements as 45ft x60.5 ft. In Jan2023 we sold this plot. The buyer found discrepancy in actual site measurements and informed our agent but did not inform us. Our agent told them to proceed as per the surveyor report and the registration completed. Later, after the buyer started construction and laid pillars, the owner of the neighboring plot raised objection that the construction encroached into his plot. Upon re- measurement, it is found that the plot we sold is actually measuring 39ft x 68.5ft (still the area is almost same as 302.5 sq yds). The buyer has to remove the pillars and handover the strip of land encroached to the neighbors. Now the buyer is asking us to pay compensation for the cost of pillars and the subsequent removal of the same. What is our liablity in this matter? Kindly advise. Thanks.
Asked 2 years ago in Property Law
Religion: Hindu
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9 Answers
As such area in your sale deed and area as surveyor confirmed after survey which uou had accordingly sold hence you are not liable to pay any compensation if new buyer scumb to the pressure of owner of adjacent plot and removed the pillar. There is no fault on your part. Since you are in possession of plot eversince 1998 and sold plot in 2022 hence by virtue of principle of adverse possession also your interest, title, possession remain intact. However, in terms of sale deed your liability could be ascertained.
The option before buyer is to approach civil court with a suit for declaration and restrain the neighbour from interfering in his possession and enjoyment of the property by an application for permanent injunction.
If necessary let the court pass an order for appointment of commissioner to inspect the suit property, note down the physical features and to submit a report after which the court will pass suitable orders based on the facts with documentary evidences before it.
The buyer can implead the seller as another defendant as a necessary party to the proposed lawsuit.
- Since, the sale deed and the surveyor certificate having same measurement and area of the plot , then there may be defect in the title of the neighbor
- Further, as you purchased that plot in 1998 i.e. more than 12 years , then even on the ground of adverse possession , you have right to claim that portion of land.
- Further, if your chain document is also showing the same measurement then your sale deed is having the correct measurement and area.
- Hence , you are not liable for the payment of said compensation , and the said neighbor cannot demolish that pillar - The purchaser can file a suit for Injunction before the court for restraining that neighbor from demolishing the pillar.
The golden rule is 'buyer beware'. The buyer should have independently verified before going ahead with the purchase. The buyer cannot demand any compensation now. If the buyer sends you any demand/legal notice, reply accordingly.
If you have sold the same based on said measurements then you need to abide with the sale deed. If not you can reject his contention
Hi, It is duty of the buyer to verify the documents before purchase and he has to correct the discrepancy before obtaining the Sale deed. Now they can't shirk the responsibility to you.
[2] Don't bother too much you are not liable to pay any amount.
In general, when selling a property, it is important to accurately represent the measurements and boundaries of the land to the buyer. If there is a significant discrepancy between the measurements mentioned in the sale deed and the actual measurements of the land, it could potentially lead to legal issues.
Based on the information you provided, it appears that there was a discrepancy in the actual measurements of the plot you sold compared to the measurements mentioned in the plan approval and the sale deed. If the buyer relied on the surveyor's report and proceeded with the transaction based on that information, it could be argued that they accepted the plot with the measurements provided by the surveyor.
However, if it is determined that the actual measurements of the plot are significantly different from what was represented in the sale deed, the buyer may have grounds to seek compensation for the cost of the pillars and the removal of the encroachment.
To determine your liability in this matter, it is crucial to carefully review the documents, including the sale deed, surveyor's report, and any other relevant evidence. It's also important to consult with a lawyer to understand the specific laws and regulations in your jurisdiction and to assess the strength of the buyer's claim.
Hello,
- You have taken sufficient measures and due diligence by getting the survey done before selling the property to the buyer and therefore you can not be held liable for a subsequent loss he suffered on account of a discrepancy in measurements and cost of having to demolish the pillars erected.
- The only liability that can come to you is regarding the actual discrepancy in the area by way of measurement, if such a demand is raised.
- It is advisable to arrive at a settlement to avoid long drawn legal battle. Alternately you must wait and watch and let him approach the court.
