KERALA LAND BUYER'S COMPANION HANDBOOK
Architect Shahdad Karim
PART I: Getting to Know the Property
Chapter 7: Boundaries of
the Land and 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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