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House property

(Querist) 13 September 2010 This query is : Resolved 
Hi all

we are having a plot.. where we decided to construct a house.... because of construction of house in our place...this will restrict to enter in to small piece of land(Max of 10 feet land,,value negligible) which is belonging to others...will it become any illegal if we construct house in our place....we are using any place which belongs to others...pls help on this....

Thanks in advance
Devajyoti Barman (Expert) 13 September 2010
If you not encroaching any portion of the said land while making the constructions then even if any hindrance is caused to entry such land it will be of no problem provided such land is lying vacant or deserted. If the owner of that space use that land for egress and ingress to his adjoining plot then you may be in trouble. The dispute , you may remain informed, is of civil didpute.
srikanth (Querist) 13 September 2010
Hi sir..

thanks for ur reply...u said no problem if such land is vancant or deserted..there is only one way to enter in to that place.. if we build house that one place will be closed(they are not using that palce nearly form 10 year)....
s.subramanian (Expert) 13 September 2010
I agree with Mr>barman.
Devajyoti Barman (Expert) 13 September 2010
If the construction made by you block his access to the space totally then you would be restrained from the court if applied by the owner of that portion.
srikanth (Querist) 14 September 2010
Hi sir..

thanks for ur reply sir...u said i will be restrained if i block the access...sir pls can u tell me what will be the maximum penalty i will be levied..or if not penalty what are all the consequences... if owner lodge the complaint...pls help on this...
Sri Vijayan.A (Expert) 19 September 2010
Penalty means not a monetary one. U ll be restrained to construct totally.
So try to construct building giving access to the said land.
This is possible, Or even try for stilt building


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