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sidharth (na)     21 January 2014

Compromise over land dispute

There was a dispute over 4 cent between my property and neighboring property. Both plots were same level and did not have any building in it. Dispute started when the owner of the neighboring plot started filling up their plot to raise the level of their land and the low height stone boundary wall for my plot which was constructed 7 years ago went under the mud. They even filled parts of our plot and build a new boundary wall claiming 4 cents from our land. I got a stay order.

Recently they came for compromise agreeing to give back the 4 cent and construct the wall in return asked to withdraw the case. They constructed a new low lying boundary wall about 1 feet high but now the boundary wall is inside our property. After we withdraw the case, they planning to do some construction in their plot and before that have plans to raise the level of their land by another 2 feet high.

My questions are

 

1. Shouldn't the bounder wall be constructed taking equal land share from both property? Now they have constructed it in out property.

 

2. Some people suggested to claim the bounder wall and to construct fence on the boundary wall towards the edge of their plot since it is inside our property. Is this possible and  and they wont have any rights in future? If yes how to legally claim the boundary wall should this be put in the petition filed for withdrawing the case?

 

 

3. If they decide to fill up the land again another 2 feet, the fence on the boundary wall wont withstand and it will fall out. Again will I have to go for case if they do that or can I secure the fence legally like get a stay order that they cannot  do any more construction affecting our fence and that they find any alternative solution for raising their land?

 

4. This is out of court compromise should this be done in front of police or anyone important?



Learning

 5 Replies

Mallikarjuna Rao Tata (Advocate)     21 January 2014

you have two options i.e. you will file compromise petition before the court with compromise terms conditions agreed by both of you to avoid future litigation.

there is another option both of you refer the matter to lok adalat with your agreed terms and conditions and obtain award from lok adalat. 

R.K Nanda (Advocate)     21 January 2014

CONSULT LAWYER WITH ALL LEGAL PAPERS.

Mahesh Reddy (Financial Analyst)     21 January 2014

I have a house in a prime locality which is  150 years old and the condition of the house is very weak, it can fall anytime. I want to demolish the house and construct a new one. But the problem is my house is attached with a single wall to my neighbor's house. If i demolish my house, the neighbor's house would also fall, so he is not allowing me to demolish the house. I want the municipal authorities to inspect my house and suggest me a way to demolish the house in a legal way. I want to be legally strong from my side so i would like to take all the necessary actions before starting the demolition. Suggest me what steps need to be taken in this case.

T. Kalaiselvan, Advocate (Advocate)     22 January 2014

@Sidarth:  Without the present discrepancy found to be endangering the future possession and land encroachment being solved, do not withdraw the present suit, ask them to remove all their encroachments in your land and to sign a agreement that they will not interfere in your possession in the future, after that you can withdraw your case.

sidharth (na)     24 January 2014

Thanx a lot for all of your replies. Really appreciate it.


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