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akjs_564310 (NA)     31 March 2022

Can we clean neighbor's land without informing them for survey?

We have a vacant land and the land next to it (owned by my father's brother) was converted to plots and sold to some parties. Now, we have applied for a government survey, and the surveyor says that the neighbors' have moved into our land to an extent. To know exactly till where our land is in neighbors' compound/enjoyment, surveyor says we have to get rid of all the plants and tress that have grown in the neighbors' land so that they can take machine and check the points and all. These plants and trees are waste ones and grown naturally. No one have made any construction on any of the plots. Only one plot has a fence around it and other have no fencing or any kind of marking for the extent. 

Now the doubt is, can we clean the neighbors' plots without informing them or sending any kind of survey notice? (The new plot owners' names are not updated in the survey records, so surveyor seems he can't send the notice to new owners). Will this become trespassing and they may take an action on us?

If we inform them, there may be a chance that they may not agree for cleaning and survey for some reasons. (Some owners may also know that they have purchased a occupied land). Please suggest your guidance on how to proceed. Thank you.



Learning

 1 Replies

Shubham Bhardwaj (Advocate)     09 April 2022

Dear Sir, 

You cannot clean other's land without their permission. That would be tresspass and also theft in some cases. Thus avoid any such action. Rather, the revenue authorities will send notice to them to be present for demarcation and they can also ask them to clear the land before demarcation.  The plants can also be cleared either in their presence at the time of demarcation.

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is ony for guidance.


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