How Do Property Boundary Issues Get Resolved In India?
Property Boundary Issues- Do you as a landowner want to take conflicts over property boundaries to court? Everything you require to end the dispute and regain control is right here. Physical boundaries, ill-defined surveys, and deliberate invasion are the causes of property border disputes. Property owners can take advantage of the greatest dispute resolution methods, such as mediation, arbitration, and more, thanks to Navimumbaihouses.
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Conflicts arising from ambiguous ownership, unresolved contracts, or regulatory concerns are frequent in the real estate industry. Even after a successful property purchase is completed, these conflicts may still cause problems for the landowners. Property boundary conflicts are one instance of this, when the debate centres on the accuracy of the property borders. These border issues necessitate a court settlement since they may lead to legal fights and disrupt relationships.
The difficulties and legal nuances of property border disputes are discussed in the article below, along with the most effective means of resolving them.
What are disputes about property boundaries?
Property boundary issues arise when neighbours or landowners disagree about the edge or boundary of their respective properties. A number of factors, including imprecise surveys, ambiguous land records, and deliberate encroachment or possession, may give rise to these disputes. Landowners frequently think that their neighbours are attempting to use illegal means to access their property in order to take control of a particular area. These conflicts centre on things like hoarding ownership, building a structure, planting trees, & erecting a fence or border.
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How are conflicts over property boundaries in India resolved?
For a better resolution, property boundary conflicts require the involvement of authorities and legislation. In India, settling property or land border disputes involves the following steps:
Communication: You can reduce the likelihood of going to court by talking to your neighbour or the landowner about the problem. Thus, to avoid misunderstandings and attempt to settle the issue early on, start a calm talk.
Check documents: To ascertain the precise borders, review property records such as survey reports, land records, and sale deeds. These records serve as proof for your claim to the contested property.
Survey: Landowners can ask the local government to perform a boundary survey, or they can employ a licenced surveyor. This method uses physical markers and current land records to precisely identify the boundaries of the properties.
Mediation: To arrange for mediation on the issue, get in touch with the local government, solicitors or civic leaders. Without resorting to legal action, this might pave the way for discussions and mutually agreeable solutions.
Legal action: Should all else fail, speaking with a property attorney and bringing a lawsuit may be a good idea. This will bring the matter before a judge, and the government’s decision will be binding and respected by all.
Enforcement: After a settlement is reached, abide by the established parameters. To protect the legally owned territory, you can build the physical market or remove any encroaching structures from your property.
What is the punishment for encroaching on land or property in India?
Land or property encroachment is punishable under Section 447 of the Indian Penal Code (IPC) by a fine of up to Rs 500, up to three months in jail, or both. However, the gravity of the offence may have an impact on the punishment. A larger fine or more time behind bars could be the result of persistent encroachment. The Land Encroachment Act’s provisions and the case’s specifics will be taken into consideration by the court when determining the punishment that will be imposed.
Conclusion
In summary, fraudulent documentation and illegal possession are not the only ways that property disputes arise in India. There’s a chance that your neighbour or another party will build a fence or other construction on your property without permission. Depending on how serious the offence was, these matters may be settled out of court or may necessitate bringing a lawsuit. As a result, it’s critical to move proactively to protect your property rights by getting legal counsel and looking into alternative conflict resolution methods.
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