Hello Experts,
I have a unique situation.My sister holds a property where she intends to build house .Her neighbour who is in the west side of the plot says he is the owner of 7 feet of my sisters site which is vacant.
But according to the sechdule of my sisters site is perfect which shows what property comes to North south east and west and has BDA Khata,tax paid for last 15 years . Now If the neighbour has to prove what ever he claims is right what supporting documents should he have to claim this 7 feet.
What is the best way to handle this situation?
Regards,
magblr
How to verify Neighbours claim..
Re: How to verify Neighbours claim..
some methods are
1) Check out the plot size(yours as well as your neighbor plot ) as per the Approved layout map.
2) Measure the (Start and End) dimension for your plot from the starting point of that line as per the layout map.
Ex. If yours is the 5th site from the starting point of that line comprising all 30X40 dimension(30 ft on road side and 40 ft into depth), Your Plot Start and End measurement must be 121st to 150 ft. This is where many people have issues. In Many cases any of neighbor site owners encroach some land from the adjacent site and the next fellow will take his measurement from that neighbor end point. Hence this issue will keep continuing and some poor fellow will lose his land by the time he come to know the issue/starts construction.
1) Check out the plot size(yours as well as your neighbor plot ) as per the Approved layout map.
2) Measure the (Start and End) dimension for your plot from the starting point of that line as per the layout map.
Ex. If yours is the 5th site from the starting point of that line comprising all 30X40 dimension(30 ft on road side and 40 ft into depth), Your Plot Start and End measurement must be 121st to 150 ft. This is where many people have issues. In Many cases any of neighbor site owners encroach some land from the adjacent site and the next fellow will take his measurement from that neighbor end point. Hence this issue will keep continuing and some poor fellow will lose his land by the time he come to know the issue/starts construction.
Re: How to verify Neighbours claim..
Thanks MSN .As mentioned by you this is what has happened the neighour says the encroachment started in the end and people followed blindly including him and he had to pay to his neighbour for encroachment as he had already constructed house and now he says the actual 7 feet he lost is in our plot will he be able to reclaim that from us though i feel he has no document and if he has to claim every body who encroached has to penalised and not one party.
How can we handle this now?
How can we handle this now?
Re: How to verify Neighbours claim..
Here the issue is to find out the culprit, who has encroached someone else land in your line as per the layout map from the starting end. Its high time for you to validate your plot dimension(Start and end points) w.r.to the starting point. Else you will not be able to start construction as some more people may object as you also follow liability which others have done so far. If there is encroachment on your plot, you need to start legal proceedings to vacant that encroachment.
Without identifying the root cause, rest of the people can't claim land from others area, just b'cos someone has taken out a part from their land.
Without identifying the root cause, rest of the people can't claim land from others area, just b'cos someone has taken out a part from their land.
Re: How to verify Neighbours claim..
magblr,
measure your site and put a compound to secure your area. If there is offset of 7 feet in your row, the sites behind your row would not have the same off-set. So your compound and the compound of the site behind your site will be in line (if they are of the same dimension). As to your neighbor's claim, tell him, it is his fault that he encroached his neighbor's plot and paid for his mistake. it is his problem and if he is right, then you will find 7 feet extra space from your compound and his site unless your other neighbor to the east has encroached on your site.
measure your site and put a compound to secure your area. If there is offset of 7 feet in your row, the sites behind your row would not have the same off-set. So your compound and the compound of the site behind your site will be in line (if they are of the same dimension). As to your neighbor's claim, tell him, it is his fault that he encroached his neighbor's plot and paid for his mistake. it is his problem and if he is right, then you will find 7 feet extra space from your compound and his site unless your other neighbor to the east has encroached on your site.
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ecopackindia
- Posts: 46
- Joined: May 4th, 2010, 3:44 pm
Re: How to verify Neighbours claim..
Conduct a survey through the city survey office and fix the boundary.
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Edited by admin
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Edited by admin
Re: How to verify Neighbours claim..
this is prescisely why we have the registration docs which says that the site is bound by north/ south/ east/ west with the property references. ask the neighbour to go fish with the bbmp. tomorrow there will be another issue where a neighbour says that there were a group of nomads squatting for 10 years & you cannot construct anything now as they have no where to go.
If we tend to pay utmost attention to issues like these, believe me, constructing a house in bangalore in "your allotted site" is next to impossible.
If we tend to pay utmost attention to issues like these, believe me, constructing a house in bangalore in "your allotted site" is next to impossible.
Re: How to verify Neighbours claim..
I was surprised he has not fenced it for so many years from 2004 and now since we intend to construct house in the middle of our planning he has started this issue. The Irony is BBMP/BDA has already approved house construction plan as well since the authorities has approved it and we have schedule correct in our name and khata says we have so much measurement etc.. I suppose we can go ahead without any thing to worry about ..I appreciate all the inputs and knowledge shared by our distinguished members. Cheers to all and thanks again....
Any thing more you feel is to be taken care please do write in this forum...
Any thing more you feel is to be taken care please do write in this forum...
Re: How to verify Neighbours claim..
Magblr
BBMP plan Approval, paying Tax to BBMP for 15 years are all fine in the papers, not in reality. It doesn't Guarantee that your site is not encroached or you have encroached some one else's area.
As I said earlier, you need to confirm your site's starting and ending dimensions w.r.to the starting point of the line as per layout map, to ensure your plot is intact. Blindly, if you just consider from the neighbour building and start construction, you may end up in a trouble.
Within my known circle last year, one of my known person got plan approval from BBMP, Home Loan from the Bank. Without even verifying his plot as per the layout plan, with great confidence started construction. Ground Floor over and continued with First Floor. All of a sudden he got a lawyer notice and a team of police landed at the construction site. After the proper verification, he got to know that, he was doing construction in a neighbour site. The owner of that site was initially reluctant for any kind of compromise and insisting to vacate the plot. Almost it took 2 months with several round of negotiation including many people convince him to exchange the plots and bear the double registration cost and paid Rs 5 lakh in cash as compromise. Meanwhile a lot of agony in the whole process. Now in that Layout, he is very popular as the person who constructed house in someone else's plot".
So my sincere advise is be judicious in the starting process when there is a smell of dispute. Only after thorough verification, start construction.
BBMP plan Approval, paying Tax to BBMP for 15 years are all fine in the papers, not in reality. It doesn't Guarantee that your site is not encroached or you have encroached some one else's area.
As I said earlier, you need to confirm your site's starting and ending dimensions w.r.to the starting point of the line as per layout map, to ensure your plot is intact. Blindly, if you just consider from the neighbour building and start construction, you may end up in a trouble.
Within my known circle last year, one of my known person got plan approval from BBMP, Home Loan from the Bank. Without even verifying his plot as per the layout plan, with great confidence started construction. Ground Floor over and continued with First Floor. All of a sudden he got a lawyer notice and a team of police landed at the construction site. After the proper verification, he got to know that, he was doing construction in a neighbour site. The owner of that site was initially reluctant for any kind of compromise and insisting to vacate the plot. Almost it took 2 months with several round of negotiation including many people convince him to exchange the plots and bear the double registration cost and paid Rs 5 lakh in cash as compromise. Meanwhile a lot of agony in the whole process. Now in that Layout, he is very popular as the person who constructed house in someone else's plot".
So my sincere advise is be judicious in the starting process when there is a smell of dispute. Only after thorough verification, start construction.
Re: How to verify Neighbours claim..
Hello MSN,
As suggested by you i could get hold of layout map, according to the layout plan sites in the back and adjacent are as per scehdule in our documents(my 1200 sqft is as per these records) and also as said early we have BBMP Plan/Khata certificate/Khata extract/all sale deeds in our favour. So everything matches as per the plan can we still have some problems if we go ahead and construct house ignoreing neighours claim.Will he be able to get stay order.
Kindly suggest.
Regards,
magblr
As suggested by you i could get hold of layout map, according to the layout plan sites in the back and adjacent are as per scehdule in our documents(my 1200 sqft is as per these records) and also as said early we have BBMP Plan/Khata certificate/Khata extract/all sale deeds in our favour. So everything matches as per the plan can we still have some problems if we go ahead and construct house ignoreing neighours claim.Will he be able to get stay order.
Kindly suggest.
Regards,
magblr