Property distribution

Hello,

You can build a new home on other side of land as per your wish after sanction of plan from local planning authority or village office. No need to divide the land into two plots. 

You are raising two issues:

1. Splitting up of a property between two parties, in which case, the question is who owns the property or is it ancestral property?
2. Constructing a house in the property although a case is pending in the Court, in which case it depends upon how you propose to construct the house and whether such construction shall affect the ongoing case.

You may please approach a Local Lawyer or the Lawyer who is already handling your case with the Neighbour and get relevant guidance with full details available to him/her.

The facts posted disjointed and lacks clarity. Anyway, there is nothing that prevents the parties from reaching a private agreement and getting the case closed.

Hello querist, I acknowledge your question. I firstly suggest you to look at the status quo of the case that is ongoing, then after the matter is settled, show that the reasonable care shall be taken while the developments that have to be conducted in the property. In Abbinett v. Fox case it is observed that a landowner is entitled to use his/her property in a manner that maximizes his/her enjoyment. However, the enjoyment must not unreasonably interfere or disturb the rights of adjoining landholders or create a private nuisance. A landowner’s use of his/her property becomes unreasonable and unlawful if it constitutes an appropriation of the adjoining land and if it deprives the reasonable enjoyment of the adjoining owner of his/her property to a material degree as it is rightly held in Brownsey v. General Printing Ink Corp when such a dispute is resolved in the court you shall split the plot with reference to the above precedents.

I hope I have answered your question.

Have a good day.