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Ann Delorme (Housewife)     28 August 2014

Boundary wall dispute

A boundary wall dividing two leasehold plots 17 and 18 in a Co-operative Housing Society. The boundary wall of Plot No 18 is encroaching into Plot No 17 by 0.7 to 0.9 metres. The encroachment has existed for eleven years, so the Law of Adverse Possession which favours an encroachment existing for twelve years, I feel does not apply. What is your opinion? Also, is it better to first send a legal notice to the encroacher before going for a civil suit?


 3 Replies

Rangee (Lawyer)     29 August 2014

The law of adverse possession is not applicable. Please apply for survey of sites to Government surveyor and get the boundary wall fixed. If encroachment is noticed ask him to go back if he does not listen file suit in the court and obtain decree you will win 


T. Kalaiselvan, Advocate (Advocate)     01 September 2014

Very properly answered by Rangee,you may follow the suggestion.

Rangee (Lawyer)     01 September 2014

Thank u Mr. T.Kalaisevlan for agreeing with me.


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