Guidance
Chakravarthy
(Querist) 18 August 2014
This query is : Resolved
I have bought an old residential property measuring 815 sqft which has a return frontage out of original property of size 15 x 70 feet = 1,050 sqft. in 2014. My property entry side has about 15 x 55 feet and a private passage of size 3.75 x 17 feet to main Bazar.
In 2007, My vendor has conveyed 11 x 17 feet which is 187 sqft in Bazar Side as a vacant land, which was again conveyed to another person in 2008 as vacant plot. The new purchaser has constructed a G+1 Shop, encroaching 1.5 x 17 feet from my common passage. Conveyed Commercial site boundaries are clearly mentioned where western boundary is a common wall. Record is there for western boundary which is half foot belonging to either parties. While purchasing the property we have protested the vendor regarding discrepancy for which the vendor said this was a clear encroachment and informed and protested verbally and in our title the passage is 3.75 x 17 feet whereas now we have only 2.25 x 17 feet. Now we are constructing new residential building and settled common wall with major western and eastern neighbors in writing. This southern neighbor we have agreed to pay the common wall expenses who has permitted to roof concrete which is touching 11 feet in the south side and 17 feet on the west side. Is there any way to reclaim our 1.5 feet x 17 feet encroached land by the shop owner?
Advance thanks. Kindly guide us experts.
ajay sethi
(Expert) 18 August 2014
contact a local lawyer . file suit to demolish encroachments made by shop owner on your property
Rajendra K Goyal
(Expert) 18 August 2014
Consult a local lawyer and file case of demolition of encroachment.
Chakravarthy
(Querist) 18 August 2014
Thanks Experts.
Regards
Seasons Greetings
Chakravarthy
(Querist) 19 August 2014
Dear Experts
One Correction (***)In the Query Last Sentence.
This southern neighbor (Shop Owner) we have agreed to pay the common wall expenses who has permitted me to roof concrete which is touching 11 feet in the south side and 17 feet on the (***)East side(***) (Passage Side).
T. Kalaiselvan, Advocate
(Expert) 23 August 2014
Consult a local lawyer, discuss the issue about the pros and cons and decide about proceeding legally in this issue.
