I have 10 cents of land in my name. There is another 10 cents of land sharing common boundary with my plot. Both plots were vacant for several years and had barbed fence on the boundary. Both myself and my neighbor do not reside near to the plot. Recently my neighbor decided to construct a house in the plot and approached me to construct boundary wall. I agreed to cooperate since we were in good terms. He said that we would share the cost of the construction. Since he was busy with the house construction, he asked me to arrange to construct the boundary wall. I got a contractor and constructed the wall in the presence of my neighbor. Then the neighbor refused to pay his half. Since we were in good terms I did not make any legal documents regarding the boundary wall. When he refused to pay I told him, I won't allow him to construct the wall on top unless he pay and make an agreement regarding the ownership of the partition wall. Recently, he constructed wall on top the boundary wall without informing, The wall is not constructed through the middle of partition wall, he has taken my area. I came to know of the wall only after he constructed it. So I filed a complaint with the police. Now the neighbor is willing to compromise.
What terms should I put forward?
Should I ask them to reconstruct the top wall centering it on the boundary wall or should I ask for the cost of land I lost?
If I ask cost of the land, can I ask any amount since I am forced to sell my land because it was taken illegally?
Either way should I ask ownership for the top wall and pay the construction cost? He spent a lot of money building a strong wall, I never wanted a wall on top of boundary wall. I did not mind sharing the cost of a simple wall?
Or should we agree on demolishing the boundary wall and top wall and to reconstruct it within each individual's plot without cooperating?
Please advise.
