Correct a frontage measurement error

Vignesh .m.s. (Querist) 17 September 2024 This query is : Resolved
Hi everyone, I’m seeking guidance on a land dispute involving my family’s property. Here’s the situation:

In 2006, during the subdivision of our family land, the frontage measurement was entered incorrectly. The correct frontage should be 8.8 meters, but it was mistakenly recorded as 7.1 meters, and the rest was added to the path (5 lyncs, or 3.2 feet), making the path wider than it should be. Due to this error, only 9 cents are reflected in the wrong measurement, while we actually have 11.75 cents, which is properly documented in the mother document ("thaai pathiram").

We didn’t notice this issue until recently when we decided to measure the land and build a compound wall. Unfortunately, this wrong measurement would require us to demolish part of our existing old house.

To complicate things further, there is a 5 lyncs (3.2 feet) path leading to the back property, and the owner of the adjacent property (my father’s brother) has built a two-storey house on the 5 cent land (Survey No. 132/1) that belongs to us. When we brought a surveyor to measure the land, they refused to allow it. They argue that the wider path benefits them because it allows larger vehicles to pass, which is an advantage for their access.

My father has suffered a heart attack due to the stress from these land issues, and I’m determined to find a solution. The land details are as follows:

Survey No. 128/2 (11.75 cents)
Survey No. 132/1 (5 cents, currently occupied by the neighbor)
I need advice on how to:

Correct the wrongly entered frontage measurement in the land records (7.1 meters to 8.8 meters).
Reclaim the 5 cents of land that the neighbor has encroached upon and built their house on.
Deal with the neighbors who are refusing to allow the survey to be done.
Any legal or administrative advice on how to move forward would be greatly appreciated. I’m determined to resolve this issue and reclaim our family’s rightful property. Thank you in advance for your help and support!

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Quick Summary

This discussion concerns a family land dispute where a frontage measurement error from a 2006 subdivision has led to incorrect land records. The recorded frontage is 7.1 meters instead of the correct 8.8 meters, resulting in a wider path and a neighbour building on 5 cents of the family's land. The family also faces obstruction from the neighbour when attempting to survey their property. Advice is sought on correcting the land records, reclaiming the encroached land, and dealing with the neighbour's refusal to allow a survey.

T. Kalaiselvan, Advocate (Expert) 17 September 2024
You can file a suit for declaration of your title to the portion of property encroached by your neighbor(uncle) and for possession with mandatory injunction to demolish the structures he has erected in the encroached portion of the property with consequential permanent injunction restraining him from interfering in your possession and enjoyment of your property subsequently.

Vignesh .m.s. (Querist) 17 September 2024
@kaliselvan, thanks for the reply, how to resolve the wrong entry of frontage measurement during subdivision

kavksatyanarayana (Expert) 17 September 2024
After injunction orders are passed, you can apply to the revenue authorities to correct the measurements and request to issue 7/12 pahani.

T. Kalaiselvan, Advocate (Expert) 17 September 2024
First of all ascertain if the revenue department records pertaining to your property is different to that of the registration document and then submit an application to the concerned revenue department to rectify the error, if they don't entertain your request then you may include them as necessary party to suit for the relief of rectifying the erroneous entries by court order.
You may consult an advocate in the local or one from this forum and proceed as suggested.

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