Encroachment of road by neighbour
Nagesh
(Querist) 25 March 2015
This query is : Resolved
the government property measuring 40EW x 60 NS was allotted to owner from Sanitary board in 1985.
the land owner then sold this property to two people(owner1 & owner2).
owner1 got property with dimension (40 EW x 25 NS) same mentioned in sale deed registered in 1987.
Owner2 got property with dimension (40 EW x 25 NS). the rest 10 feet NS is left to road and used as road by owner2.
But in sale deed of owner2 he got registered as (45 EW x 25 NS) in 1992. He over occupied 5 feet out of 10 feet road present in East side.
Now owner1 is left with only 5 feet road for his house on east side.
Since it was a dead end owner1 has utilised east side 10 feet road for storage area.
Now owner2 who had occupied 5 feet below, and now is going for complete 10 feet road utilisation in the first floor.
I being owner1 can i file case on owner2 to release 10 feet road occupied by him. Since it was dead end i have utilised the road which i am ready to release and demolish my storage construction.
Now to file a case i have kata extract of original property (40x60) from sanitary board and plan approval for original property(40x60) in which it has clear demarcation of roads. apart from this i dont have any other mother deed or allotment letter from sanitary borad.
Can you please suggest whether i can file a case against owner2 now. Since the registrations happened 22 yrs back will the case still hold good?
if i can file a case what are the necessary documents needed.please suggest
T. Kalaiselvan, Advocate
(Expert) 29 March 2015
You may seek an opinion from a local lawyer by producing all the papers, see what he says and if not satisfied come back with his opinion too because without seeing the relevant papers/documents, any opinion will not be complete and worth it.
