My neighbour is claiming a road in my land and he is obstructing the construction of a boundary wall on my land. We purchased one acre of land registered in the names of four people. After 15+ years, the neighbour claims that when he bought his plot, he was shown a 25-foot road on your purchased land. He is now refusing to allow us to construct a boundary wall until we leave a 25-foot road between his plot and our land. He is also misbehaving and manhandling us, possibly due to his local influence. What legal actions can we take?
Asked from: Telangana
Your neighbour has no right to interfere with your property. If a public road existed on this plot, it should be mentioned in both your neighbour's sale deed and your own. In the absence of such demarcation, your neighbour has no legal right to disturb and obstruct the construction of your boundary wall.
A neighbour cannot claim a road on adjoining private land if the property's boundaries are clearly defined in the sale deed. In the case of N. Subbayya Chakkilian v. Maniam Muthiah Gounden (46 M.L.J. 182), the Madras High Court established that specific boundaries of land mentioned in a sale deed shall prevail over general measurements.
It is a well-settled principle that the boundaries declared in a deed of conveyance prevail over any conflicting boundaries. The Privy Council in P.K.A.R.C.O.S. Society v. Government of Palestine A.I.R. 1948 P.C. 207 held that when there is a difference or dispute between the area, survey number, and boundary of any property, the boundary prevails and is the decisive factor.
Thus, the boundaries of your land as mentioned in the sale deed shall prevail over any conflicting claims. If no public road is mentioned within your land's boundaries, you have absolute rights over the land situated within those boundaries.
How to prevent neighbour from interfering in the property
In the prevailing situations you need to initiate both criminal and civil actions simultaneously. Your foremost requirement is to prevent any breach of peace and maintain tranquility. Following that, you must take steps to prevent your neighbour from interfering with your possession of the property.
Move application under Section 145 crpc
You should inform the Executive Magistrate by an application under Section 145 of code of criminal procedure (crpc) and pray for maintaining peace by directing the neighbour to refrain from interference in your property. The Executive Magistrate can take a bond from your neighbour under Section 107 crpc, for maintaining peace.
Your neighbour is illegally interfering and claiming a road in the property of your possession. If the dispute escalates it may cause the breach of peace. Jurisdiction under Section 145 Cr.P.C. arises to the Executive Magistrate when there is apprehension of breach of public peace and tranquillity on account of dispute between the parties in regard to possession.
File a Civil Suit for declaration of right and permanent injunction
File a civil suit for the declaration of your right and a permanent injunction against your neighbour from interfering with your property. Meanwhile, submit an interim application along with that civil suit for a temporary injunction. Temporary injunction is mandatory to stop your neighbour from causing any disturbance in the enjoyment of your land till the pending civil suit. The injunction order shall prevent your neighbour from claiming a road in your land forever. For more legal help please visit Kanoon India.
Related
