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SURYA RANGAN (Business)     18 February 2022

Dispute between neighbors

There is a land dispute between neighbors. Both the house plots were sold by my grand father. Previously the land belonged to my grand father and used as agricultural land. In 1980 he partitioned them as housing plots and sold the same. The disputed plot is located at the end of the road. The adjacent plot owner claims that the road runs through the plot. He claims that same with a help of a sketch from survey record department from 1970. My father stated that the road mentioned in the sketch was actually used as a pathway for cart during agriculture, but it was not a public pathway as the entire land belonged to our grandfather. Hence it is clear that the road was there once, but it is a private road, which was later altered by the owner and restructured as housing plot. I need clarification for the below question:
1. Can the plot owner claim that the road was occupied by the adjacent plot owner. 
2. How can we prove that the road is not applicable currently. 
3. Is there any legal citation/statutory provisions related to the same.
If required, I can explain the facts personally. Thank you in advance. 



Learning

 1 Replies

Palak batra   18 February 2022

Dear Querist,

 

One can file a demarcation request by filing a suit for the same. Also can file a petition before SDO writing all your grievances, give a copy of it to the District Magistrate, SP & local police station. Request them to verify and demarcate your land so that you can put your boundary, also request them to provide police force so that any possible fight should be avoided.

 

As per Survey Act, 1865 'boundary dispute' means contentions between two neighbouring land-proprietors as to where a boundary line or boundary marks has or have been fixed by the Survey officers.

 

Regards,

Palak


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