• Boundary limits problem with neighbour

I purchased 159 sq.yards land with four rooms in 2008 and neighbour also purchased 121 Sq.yards open placebin 2002 from the same person. His plot length is 30 Feets from east to west and my plot is 33 feet in same direction. so total length is 63 feets but if we measure actual length 57 feets only. So my neighbour asking us to give him 6 feets of land otherwise he will go to court. So what is the solution. We have compound wall arond my place and we fours rooms.
Asked 4 months ago in Property Law from Sircilla, Telangana
Religion: Hindu
1) let your neighbour move court

2) if there is shortfall in area your neighbour should sue the seller and claim refund for the excess amount paid by him 

3) deed of rectification has to be executed by seller to correct the mistake  in area mentioned in sale deed 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
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It seems that the description of the property has incorrectly been recorded in the sale deed, to cure which defect a deed of rectification can be executed if there is a positive agreement between the seller and buyer, but your neighbour is seemingly taking advantage of the discrepancy. Let him go to court, and you can contest his suit on the ground that it was a typographical mistake.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
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If land in your occupation is 159 Sq. Yards you no need worry, because you already have permanent structure. Let him go to vendor for compensation of shortage land as otherwise vendor has to face consequences. If possible you also try to negotiate with him for any monitory settlement as other wise let him go to court no court will entertain him. Since he is earlier purchaser he ought to take care of his land. 
Lakshmi Kanth
Advocate, Hyderabad
230 Answers
2 Consultations
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Hello,
1) The permanent solution would be to get the land surveyor to measure the land and demarcate the right boundaries.

2) It is possible that the seller has deceived you or did not have sufficient information and relied on the documents that provide a description in the schedule of property.

3) If the neighbour goes to court, you need to adequately defend your position by producing your documents. There is nothing to be afraid of as you have not made any encroachment. Engage a local lawyer if he goes to court.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
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1) registered land should  match with linked documents 

2) if regd land does not match with link documents you would face problems 

3) on mistake being discovered neighbour can raise the issue with the seller 

4) if lesser area has been sold to neighbour his remedy is to sue the seller 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
I purchased 159 sq.yards land with four rooms in 2008 and neighbour also purchased 121 Sq.yards open placebin 2002 from the same person. His plot length is 30 Feets from east to west and my plot is 33 feet in same direction. so total length is 63 feets but if we measure actual length 57 feets only. So my neighbour asking us to give him 6 feets of land otherwise he will go to court. So what is the solution. We have compound wall arond my place and we fours rooms.



You should not worry about the area as per  actual measurement in respect of your neighbor. 

You have to make sure that you are occupying the property as per the measurement mentioned in the registered sale deed with you.

Your neighbor has no rights to ask you to leave 6 sq. yards just because it is less to that of the sale deed, when he measured his property.

He should approach the vendor only for this problem.

Alternately he can approach court seeking his portion of landed property allegedly occupied by you and follow due process of law in this regard by seeking to appoint commissioner to inspect, measure and submit a report on his claim.

So you can ask him to proceed legally.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
1.We purchased in 2008 means later than 8 years of neibhour, because of that is there any problem to us?

No.  There should not be any problem because of that but you must ensure that you have not encroached his portion of property and are occupying the property as per the measurement mentioned in your sale deed. 





2.He did not raised any issue upto 2016, is he having right to fight with us after 8 years of my land registration??

He can raise this issue whenever he finds this problem, but the same shall be barred by limitation after 12 years from the date of the knowledge.




3.His land matching with link docs but till now he did not placed any compound wall or fence along with his land because of that surveyor wrongly measured physical length.

Surveyor cannot measure wrongly, it is your presumption. Surveyors are to give a correct report in this regard, if they do any fraud then they will be held liable for the consequences.







4.My registered land not matching with Link docs but we have clear written agrement with seller on bond papers( revenue stamp papers)with actual measurements, is it helpful to us?

If your measurement is not matching to the link documents then you have to be careful about this.
The sale agreement is not an authority, i can be manipulated due to the greed of money by the vendor hence it is unreliable.
The actual measurement will be available with the land revenue department

T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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1. He can file the suit after 8 years but you can contest it fittingly.
2. Your title is only to the extent of the land which has been recorded in the sale deed. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0

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