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Deepak   28 June 2017

Buying a portion of the adjacent plot

Hi,

I have bought a house last year which has an empty plot adjacent to it. We now surveyed and realized that our house staircase has encroached 2 feets into the adjacent plot. Now the adjacent plot owner wants to build a house and he is insisting us to remove the staircase. We are ready to offer him the current market price as the compensation to purchase the encroached land for which he is not willing and treatening us to remove the staircase by himself. We are worried if he tries to remove the staircase then this may cause damange to house as the house was built 22 years ago. 

My reading of him is he might be demanding for more compensation. If we come to common agreement on the compensation, how should I buy the 2*30 square feets such that we should not face any issues in the future. I was told that we cannot get the 2*30 square feet of land registered on my name. This property is in karnataka.

Please suggest.



Learning

 4 Replies

Kumar Doab (FIN)     28 June 2017

Explore again chances of Mutual and amicable settlement. 

Or alter the design of your house in consultation with an architect/Strutural Engineer.

A house mere 22 years may not necessarily  be in such bad shape to be unable to bear minor alterations.

Kumar Doab (FIN)     28 June 2017

Get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing any deed or making a payment.

Deepak   28 June 2017

Thank you Mr. Kumar for the suggestions.

If we go for mutual and amicable solution by paying the compensation for the encroached piece of land. How would I buy it legally as this small piece of land cannot be registered? Does the registered-sale-agreement/notarised-sale-agreement work in this case? or can it be still bought via registered sale deed by any ways?

Kumar Doab (FIN)     28 June 2017

Rule out anything that is oral,verbal,notarized in your case.

 


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