Legal Question in Real Estate Law in India
x owns 24 cents of land of which we sold 14 cents to a builder and in return he is building x a villa on the remaining 10 cents. the construction is at different levels our villa being on a higher level than the flats. while the construction is going on a lot of land filling has to be done to make x's villa at a higher level. the retaining wall between the lower flats and x's villa has not yet been made and x just heard from the construction workers that the builder is planning on making a godown under his villa( in x's 10 cents of land)which will have an entrance from the apartment building. can he utillise x's 10 cents from under ground? does x have any way we can secure his land from such an encroachment from underground? does a person's right to property extend to below earth/underground also?
1 Answer from Attorneys
the builder cannot use your 10 cents, at any level including the underground/basement, under any circumstance. 10 cents is yours. if you have raised the level the ground below that still is yours.
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