If you have encroached space from site No. 51, then you may be directed to vacate the encroached portion or get a a sale deed executed towards that particular encroached portion of land from the site owner of site no. 51. Since the dispute is with the site no. 51 alone, and if you had encroached the space from site 49, then there is nothing to do with the present case, your property will be safe, however you may get it measured through government surveyor and have a proper records.
BBMP notice
Sir We have bought a House in 2010 [ RCC GF + FF, which was constructed in 2005], as per the Sale deed its 40X34 Feet [ 1360 Sq feet, that is N to S — 40Ft & E to W — 34 Feet, Our site is South Facing ROAD ], but construction happened for 40x35.5 Feet [1420 Sq Ft], which was a revenue property now it comes under BBMP limit, Lets assume this is site no. 50. Site no. 51 is vacant site Site no. 52 is again Building 51 & 52 had some issues pertaining to grabbing land, hence site 51 went to court & it was in court since quiet some time like 5 or more so, now BBMP has issued notice for both owners of Site 50 [Ours] & site no. 52 asking for our Sale Deed copy as per COURT instructions [ we are not sure of like what’s the case going on or we dont know the exact dimension of site no. 52 / 51 either ] [Site no. 51 is a vacant site comes in between Site no. 50 [Ours] & Site no. 52.] Now based on the notice from BBMP we have send a copy of our Sale Deed to BBMP OfFice, now my query is as follows > As our construction deviated or consumed 1.5 feet extra, what are the consequences [again we are not sure this extra is consumed from site no. 51 or site no. 49 which are our adjacent properties ] ? > Can BBMP demolish our building which is constructed extra ? > what is Court Stance in such cases > Is there any precautionary measure I can take on this ?? Kindly advice MK
Asked 1 year ago in Property Law
Religion: Other
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9 Answers
Sir Ours is 20 years Old building, how can we vacate encroached portion ? has to be demolished ?? And just a question, why did no. 51 didn't checked at the time of purchase ?? Equally in our case it was a mistake while purchasing this building!!!
Asked 1 year ago
if construction has been done as per sanctioned plans you have nothing to fear
if you consumed extra 1.5 feet extra you may be called upon to demolish excess portion
3) check with local architect whether you can apply for regularisation
approach BBMP and check whether you can apply for regularisation on payment of fine
If you have constructed the property beyond the extent of your own property then that excess space used to complete your construction would be construed as encroached property. There was no dispute all these years whereas now since the dispute arose, you may have to abide by the orders of BBMP in this connection.
Now there is no point in researching who did wrong and what where went wrong, it would be better that you go for a compromise with your neighbor or look for regularisation with the authorities concerned.
Dear Client,
1. If your construction went overboard by an extra 1.5 feet, it can have different consequences. If the extra space was taken from site no. 51 or site no. 49, it means you've encroached on someone else's property. This can lead to legal issues, like potential disputes with the neighbouring property owners and possible penalties imposed by BBMP.
2. Yes, BBMP has the authority to order the demolition of any unauthorised construction or encroachment. If it's determined that the additional 1.5 feet were illegally added, BBMP may send you a notice to remove the encroachment. That could involve tearing down the encroached part.
3. In such cases, the court usually orders the property to be restored to its original boundaries according to the legal records. If the court finds that there has been an encroachment, it can order you to clear the encroached area and modify or demolish the structure to comply with the legal property boundaries.
4. As a precaution, it's a good idea to hire a legal professional who can represent your interests and negotiate with BBMP and the court. Get a detailed survey done on your property to figure out the exact extent of the encroachment. If the encroachment is confirmed, you might have to vacate the encroached portion, which could mean partially tearing down the building.
5. It's not clear why site no. 51 didn't check the dimensions when purchasing. It could be due to oversight or not verifying properly. In your case, it was definitely a mistake to not verify the exact dimensions before buying. To avoid such problems in the future, always conduct a thorough survey and verify the property boundaries against official records before finalising any purchase.
Sir thanks for your answer actually this is pretty old building 20 years old, and we bought it in 2010, so is there any provision for us to regularise instead of removing encroachment area ? [ site no. 51 bought before we bought the building I guess ] and also when we submitted our Sale deed to BBMP they said they will come for survey soon and intimate us before coming. now surely they will not do the survey of site no. 49 wherein we will not be able to judge how much Our site deviated towards both directions Also may I know your charges and course of action on this considering your suggestion on point 4 Manju
Asked 1 year ago
Let the survey be completed
2) you can apply for regularisation on payment of fine if encroachment is not substantial
You wait for the BBMP officials to visit and survey your property and let you know the extent of property you have encroached.
You can take considered decision after this concludes
- If the said case has been filed by the owner of 51 or 49 against you then the BBMP has no authority to demolish the extra constructed portion of your house , and the court may pass order to pay consideration amount for the said occupied portions.
- Hence, before going in details , you should try to know the facts about the filed case.
- Further, if you are in possession of that extra portion as well since last 20 years, then you can claim ownership of the same on the ground of adverse possession .
The entire bldg has to be vacated for Redevlopment
