Various disputes

Various disputes

Dispute over size, boundary, location

On some properties, plots of unapproved small layouts, following type of disputes may arise. The land might be rightly described, perfectly identified. The size, shape and dimension of the land or property also perfectly match with the description. One shall think that there may not be any challenge or disputes over the plot or land. But on reality, the owner of the plot may face the case charging that he has encroached some portion of neighbor plot or the abutting road.

A man purchased a plot bearing No.2 from the above layout and as per the description of the property, the plot is perfect.  The property is described as follows.

        A vacant plot bearing No.2 of xxx sq.ft bounded on the North by Street, South by Plot #3, East by Street and West by Plot #1

         The above description of the plot #2 perfectly matches with the layout drawing and also on the actual field.

One person bought the said plot #2 and kept it vacant. Later other persons bought plots #4 and 5 built houses in their respective plots and then another bought plot #3 and built house; but the first sold plot #2 was still kept vacant for a long time.  Now, the person who bought the plot #2 wants to raise a building and started to put a fencing. Now the layout appears as shown below.

Owners of Plots #3,4 &5 accuses him that he tries to encroach the space for street. He cries that he is putting fence as per the measurement on records and on the other hand, if he lays fence in line with plot #3, he may loss considerable area of land.

What happened? To the street and to the plots? Mysterious, is it?

On verification with revenue records, particularly the FMB (Field Measurement Book) and on actual measurement of sites, it is found that the  plot #4 and 5 have been shifted towards the street, consequently  Plot #3 is also shifted, wherein a house is constructed, taking Plot #5 as reference. Now, the owner of Plot #2 wants to put a fencing keeping the edge of Plot #1 as reference, which is right.

Initially, an error has been made in measuring and locating the Plots #4 & 5 which reflected on the location of street and also on the Plot #3. Only Plots #1 and thus Plot #2 are in right location. On the contrary, the owner of Plot #3, along with owners of Plots #4 & 5, sued against the owner of Plot #2 charging that he has encroached the street and thus approach and easement rights are affected.

Thus, a solicitor has to scrutinize the deeds along with layout, if unapproved, and FMB and then form a right decision.

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