Frequent question: Can I sell my house if there is a boundary dispute?

The short answer is yes. Declaring neighbour disputes is a legal requirement when selling a house. If you fail to declare neighbour disputes when selling your house, you buyer could accuse you of mis-selling your property and take legal action against you.

Can a property in dispute be sold?

Yes, any disputed property can be sold and purchased without any problem, unless there is a court case and the Hon’ble Court has passed a stay order/injunction order, prohibiting the creation of third-party interest or sale. … In a nut shell:- if there is a Court stay or injunction then it can not be sold.

How do you resolve property boundary disputes?

How To Settle Property Line Disputes

  1. Talk To Your Neighbors. This is the first step to take. …
  2. Put Up Signs And/Or Fences. If you live in an area with a lot of open land, it can be useful to put up signs to deter trespassers. …
  3. Conduct A Title Search. …
  4. Hire A Land Surveyor. …
  5. Hire An Attorney.

How do you deal with a Neighbour dispute over boundaries?

If you know where the boundary is and you don’t need to follow the process for party walls, the best approach is to talk to your neighbour. Talk to them face to face if you can – make a note of what you agreed. If you don’t feel comfortable speaking to them, write to them or ask someone to contact them for you.

THIS IS FUN:  How much tax do you pay in Spain when selling a house?

Can a disputed property be rented out?

A. Yes you can let the property on rent subject to the orders of Honble court.

What is a disputed property?

Disputes related to a property, often arise through claims from legal heirs, co-owners, disputes over easement rights, wrong representation by the seller and improper description of the property in the title deed. … In this case, the previous buyer can approach the court and contest the title of the property.

Is there a time limit on boundary disputes?

Boundaries Disputes

It is notoriously difficult to establish the exact location of a boundary. … If all else fails, and you decide to take legal action about the boundary, please note that there is normally a strict time limit of 12 years within which action can be taken.

What are the 4 types of boundary disputes?

Broadly speaking, the majority of these disputes can be broken down into four categories:

  • Lot line disputes.
  • Fence, landscaping, and outbuilding disputes.
  • Access disputes.
  • Adverse possession claims.

Can a Neighbour claim your land?

We have an impressive track record for helping clients resolve their disputes without having to go to court and we will only advise issuing proceedings should it become necessary to do so, thereby saving our clients’ valuable time and financial resources.

Who pays for a boundary dispute?

Boundary Dispute Court Costs will usually be awarded to the winning party, but will not necessarily be 100% recovered from the losing paying party, and it should be expected that you will not fully recoup your legal fees on assessment.

THIS IS FUN:  Which of the following is are investment property?

What is the 7 year boundary rule?

The Seven Year Rule

So for example, if you complain to the local planning authority about your neighbour doing something on their land that you don’t like, if they’ve been doing it for seven years or more you might not have any luck stopping it.

Can I remove my boundary wall?

You will not need to apply for planning permission to take down a fence, wall,or gate, or to alter, maintain or improve an existing fence, wall or gate (no matter how high) so long as there is no increase in its height.

How do I get a stay order removed from my property?

The stay order from the property can be removed by explaining your case to a property lawyer in India and having them file a petition for the cancellation of the order explaining all the grounds.

How do you stop a house sale?

If your opponent is about to get rid of valuable property or money, so that you cannot make a claim against them, you can apply to the court to stop them. This is called a “Freezing Injunction”. An application is made in the High Court for the injunction.

Will disputed property?

No, a will cannot be made with respect to the land in dispute. This would be creating third party interests and it would be highly illegal. You can always file an interim application in court to get full ownership and possession over that land.