Fenceing around House
Arati Gawde
(Querist) 11 May 2011
This query is : Resolved
My friend fence (Boundary mark) around his house (By way of permanent construction of cement) at oral permission / consent of the people who have ownership of that land around his house. And this way they gave permission for boundary mark on their land. Now after one & half year these people told that they want to measure the land and now they want back their land. So my queries are: -
1.1st whether these people have right to measure the land after the gap of more than one and half years?
2.What are the remedies available to the person who on oral permission /consent built fence around his house?
3.What is the time limit for measurement after giving oral consent?
4.Are these people having right to measurement of the land, and on that measurement destroy the fence (permanent construction)?
Guest
(Expert) 13 May 2011
Oral permission has no validty for use of others land.
The boundry is on others land without nay purchase or through gift, so where is the question of remedy for permanent acquisition of that land by your friend. That is sufficient for her/him for which period she/he could enjoy the use of that property. Not only for measurement, but for the use also by the persons whose land is, your friend will have to handover the possession of that land, as legally he is not the owner.
