Your concern is practical and well-founded. Even a weak boundary dispute can become a commercial liability because buyers and their lawyers treat pending or threatened litigation as title clouding, irrespective of ultimate merits. Your approach should therefore be driven not only by legal strength but by marketability and finality.
I will address this step-by-step.
First, a clarification on adverse possession. Mere existence of a compound wall for 15+ years does not automatically perfect title by adverse possession. Adverse possession requires proof that the occupation was hostile, open, continuous and to the exclusion of the true owner, and it must be declared by a court. Until such declaration, adverse possession is only a defence, not a clean title. Therefore, relying on adverse possession alone will not satisfy a buyer or lender.
Now, coming to the two scenarios.
If the neighbour has credible documentary proof (such as FMB, survey sketch, village map, title deeds correlating measurements), then your legal position weakens regardless of how small the encroachment is. Courts generally order correction/removal of encroachments even if they are marginal. In such a case:
- Prolonged litigation will almost certainly block saleability.
- The rational approach is settlement, not contest.
If the neighbour does not have credible paperwork, your legal position is stronger, but your commercial problem remains the same. Even an unsubstantiated claim, once raised, creates buyer hesitation. So even in this case, a clean settlement is preferable to winning years later.
Now, on settlement options.
Between monetary settlement and physical correction of the boundary, the best option depends on long-term clarity, not immediate convenience.
If you opt for monetary settlement while retaining the existing boundary, this is acceptable only if it is properly documented. Otherwise, it invites repeat claims by heirs or successors. A mere receipt or oral settlement is useless.
If you opt to correct the boundary wall, this gives visual clarity, but without documentation, it still does not fully protect you. Physical correction without legal acknowledgment can still be challenged later.
In high-value urban property transactions like Hyderabad, the gold-standard solution is:
A comprehensive settlement deed, preferably registered.
What you should ideally do is the following:
- Conduct a joint government survey (through the revenue authorities) and prepare a survey sketch showing the disputed portion clearly. Even if settlement is the goal, this documentation anchors the resolution.
- Enter into a registered Boundary Settlement / Compromise / Release Deed, clearly stating:
- That both parties have examined title documents and survey records
- That the dispute (actual or alleged) regarding boundary/encroachment is fully and finally settled
- That the neighbour waives, relinquishes and releases all present and future claims regarding boundary, encroachment or possession
- That the settlement binds heirs, successors and assigns
- That no civil, criminal or revenue proceedings shall be initiated in future
If monetary consideration is paid, it should be expressly acknowledged in the registered deed as full and final settlement consideration.
If boundary correction is done, record:
- Either that the existing boundary is accepted as final; or
- That the corrected boundary is accepted as final, with reference to survey sketch
After execution, update revenue records / municipal records if required, or at least retain the registered deed along with the survey sketch.
From a buyer’s lawyer’s perspective, a registered settlement deed is far superior to:
- Winning a case years later
- Claiming adverse possession
- Producing affidavits or undertakings
Such a deed effectively sterilises the dispute permanently and removes title clouding.
Finally, regarding your interest in purchasing his entire land parcel:
If negotiations move in that direction, the encroachment issue should be merged into the sale transaction, with a recital stating that all boundary disputes stand resolved and merged into the conveyance. This is the cleanest possible outcome.
In summary:
- Do not rely on adverse possession as a market solution
- Do not leave settlement undocumented
- Prefer a registered settlement deed, whether monetary or boundary-based
- Ensure waiver language binds future heirs
- This approach protects you legally and commercially
Handled this way, you can sell the property without hesitation or adverse due-diligence flags.If you wish to contact us, you may do so on https://qrco.de/syslaw