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17.3.23

Chapter 7: Boundaries of the Land and Encroachments


KERALA LAND BUYER'S COMPANION HANDBOOK

Architect Shahdad Karim

PART I: Getting to Know the Property

Chapter 7: Boundaries of the Land and Encroachments   

Check the boundaries of the land and verify any encroachments.

When you decide to buy a piece of land in Kerala, one of the critical factors to consider is the boundaries of the property. It is essential to verify that the land you are purchasing is indeed what the seller claims it to be, and there are no encroachments on the land. Any boundary disputes or encroachments on the property can lead to significant legal complications and financial loss.

 

Here are some important things to keep in mind when checking the boundaries of the land and verifying any encroachments:

 

1. Verify the ownership of the land

Before you start checking the boundaries of the land, you must ensure that the seller has legal ownership of the property. You can verify the ownership of the land by obtaining the relevant documents, such as the title deed, survey sketch, and tax receipt, from the seller. It is also advisable to cross-check the documents with the local land revenue office.

 

2. Obtain the survey sketch

Once you have verified the ownership of the land, you must obtain the survey sketch of the property. The survey sketch is a detailed map that shows the exact boundaries of the land, the area of the property, and any landmarks that may be used as a reference point. The survey sketch can be obtained from the local survey office.

 

3. Verify the landmarks

The survey sketch will have landmarks such as trees, rocks, or buildings that are used as reference points to determine the boundaries of the land. You must verify that these landmarks are still present on the property and that they match the ones indicated on the survey sketch.

 

4. Check for any encroachments

Encroachments refer to any illegal occupation or construction on the land. It is crucial to verify that there are no encroachments on the property, as this can lead to legal disputes and financial loss. You can check for any encroachments by physically inspecting the property and comparing it with the survey sketch.

 

5. Seek professional help

If you are unsure about the boundaries of the land or suspect any encroachments, it is advisable to seek the help of a professional surveyor. A surveyor can help you determine the exact boundaries of the land and identify any encroachments.

  

6. Check for any boundary disputes

In some cases, there may be disputes over the boundaries of the land between neighboring properties. It is essential to check for any boundary disputes and resolve them before finalizing the purchase of the property. You can do this by speaking with the neighboring property owners or seeking legal advice.

 

7. Obtain a boundary certificate

Once you have verified the boundaries of the land and ensured that there are no encroachments or boundary disputes, you must obtain a boundary certificate. A boundary certificate is an official document that certifies the exact boundaries of the property and can be obtained from the local survey office.

 

Conclusion

In conclusion, verifying the boundaries of the land and checking for any encroachments is crucial when buying a piece of land in Kerala. It is essential to obtain the necessary documents, verify the landmarks, physically inspect the property, seek professional help if needed, check for any boundary disputes, and obtain a boundary certificate before finalizing the purchase of the property. By following these steps, you can ensure that the land you are purchasing is free from any legal complications and is a valuable investment for the future.

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