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Mariam Taweel (not applicable)     15 June 2022

Property distribution

Dear respected members,

I wanted to ask if we can split a plot of land between two parties if there is a case ongoing in court with the neighbours whose house is only adjacent to part of the land. The case only consists of the neighbours wanting to prevent us from doing any development or us of our land as they have windows that open into my side of the land. Their home is ruined and dangerous due to peepul tree growing out from their house and walls and have damaged my home after which my home broke down completely.

I wanted to split the land into two plots, so that we can make a new home in the part which is not adjacent to these neighbours.

Any guidance will be appreciated. Thanks
 

 



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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     16 June 2022

Hello,

You can build a new home on other side of land as per your wish after sanction of plan from local planning authority or village office. No need to divide the land into two plots. 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     16 June 2022

You are raising two issues:

 

  1. Splitting up of a property between two parties, in which case, the question is who owns the property or is it ancestral property?
  2. Constructing a house in the property although a case is pending in the Court, in which case it depends upon how you propose to construct the house and whether such construction shall affect the ongoing case.

You may please approach a Local Lawyer or the Lawyer who is already handling your case with the Neighbour and get relevant guidance with full details available to him/her.

P. Venu (Advocate)     16 June 2022

The facts posted disjointed and lacks clarity. Anyway, there is nothing that prevents the parties from reaching a private agreement and getting the case closed.

Sravika Reddy Kohir   17 June 2022

Hello querist, I acknowledge your question. I firstly suggest you to look at the status quo of the case that is ongoing, then after the matter is settled, show that the reasonable care shall be taken while the developments that have to be conducted in the property. In Abbinett v. Fox case it is observed that a landowner is entitled to use his/her property in a manner that maximizes his/her enjoyment. However, the enjoyment must not unreasonably interfere or disturb the rights of adjoining landholders or create a private nuisance. A landowner’s use of his/her property becomes unreasonable and unlawful if it constitutes an appropriation of the adjoining land and if it deprives the reasonable enjoyment of the adjoining owner of his/her property to a material degree as it is rightly held in Brownsey v. General Printing Ink Corp when such a dispute is resolved in the court you shall split the plot with reference to the above precedents.

I hope I have answered your question.

Have a good day.


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