[speed79]

Originally Posted by vijaysrk

If all that it takes to regularise an encroachment is to transfer ownership of said property, I smell a tremendous opportunity here! Encroach on public land, break any number of other laws, and then when you sell the property to someone else, the new owner is completely absolved of all responsibility! - In reality, it doesn't work that way. When you acquire an asset, you acquire any liabilities that come with it...

Agree, the transfer of ownership does not cause regularization of illegal encroachment. Illegal remain illegal, and the assets/responsibility associated with the property are transferred to the new owner. I was actually referring to the point where someone accused the OP of buying plot and constructing the house with small car parking. One should have gone through the earlier posts where OP has clearly mentioned that he bought a built house and not plot. It doesn't make sense to post anything without reading the posts above.

To your second point, I'm not sure we can so easily decide which is the lesser evil - illegally extending your property's boundaries v/s parking your car on the public road. Parking on the road is at least covered by parking laws, timings, fines for violations etc., whereas encroaching on public property is plain illegal, though we cannot know for a fact if that's what the OP has done here.

Illegality aside, as there is garden outside the boundary wall, the extension of the gate might not inconvenience others. And if OP says it is his land, I don't know what does it really mean. In reality, most people would not leave area outside boundary wall.

Leaving all the legalese aside however, even from an aesthetics and economics standpoint, this awkward gate construction doesn't make any sense to me. Is the cost of constructing the gate, the added effort in manually operating this complex structure and most importantly the negative visual impact it has on your home worth the "peace of mind" of partially protecting a depreciating asset that's anyway covered by insurance?

Agree that the gate might be difficult to operate and is not aesthetically appealing.

Even if a car is a depreciating asset, one protects his/her car if he/she loves it. We are a community of car lovers after all. The constantly worrying about safety of one's car would not do good for one's health. Of what value is the visual appeal of the house if it can't give one the peace of mind?

I rest my case. No offences taken. No offences meant to anyone. Peace!!

[coolmind]

Iam sorry to ask! If using some space of road is called as encroachment then what is it called who use roads as their parking space!? And using roads has become a practice in most of the areas especially cities. I am not supporting either but this solution is much better compared to others, IMHO.

[nidhikapoor]

Originally Posted by coolmind

Iam sorry to ask! If using some space of road is called as encroachment then what is it called who use roads as their parking space!? And using roads has become a practice in most of the areas especially cities. I am not supporting either but this solution is much better compared to others, IMHO.

If there is parking allowed on the road, then it's legal. If not, then it's illegal. Simple?

This gate is illegal. No builder would build a compound wall within their land and leave private land outside.

[GrandTourer]

Originally Posted by RogerEphraim

.... it is just wrong.

Originally Posted by desiaztec

OT, please don't plan to buy a Fortuner or an Endeavour, you'd end up encroaching the common road too. ....

Originally Posted by johy

This is wrong!

Originally Posted by JayPrashanth

Yes, this is plain wrong

Originally Posted by RGK

Sorry Ram, but this reduces the pedestrian area and constitutes another sort of encroachment on the road.

Originally Posted by allfatherodin

What I am reading is proudly justifying encroachment

Originally Posted by vijaysrk

If all that it takes to regularise an encroachment is to transfer ownership of said property,

Originally Posted by jalex77

Looks like a clear cut encroachment onto public space. Not cool.

Originally Posted by nidhikapoor

?
This gate is illegal. No builder would build a compound wall within their land and leave private land outside.

Seriously, are you guys just looking at the pictures and bashing the OP? Have any of you even read the posts before the installation post?

Please go ahead and read the posts where OP clarifies that it's not public land. He's well within his rights to do that installation.

Aesthetics can be questioned, but if it does the job and OP is happy with it, there's nothing wrong with it.

[nidhikapoor]

Originally Posted by GrandTourer

Please go ahead and read the posts where OP clarifies that it's not public land. He's well within his rights to do that installation.

Aesthetics can be questioned, but if it does the job and OP is happy with it, there's nothing wrong with it.

Have read through the thread. He says that he does not live in a gated community, and therefore what is beyond his compound wall is public property.

Seems very clear to me.

[gutsy]

Keeping the encroachment debate aside, I wonder how this metallic gate can be of any use. I am still confused about what purpose this gate will serve.

Anyone can jump over this gate if they intend to do so. Awning for sure is a bad idea.

Should have leveraged technology in such a situation. A good set-up with proximity sensors and an AI Security Camera Intrusion Alarm / Person Detection system would have been a much better and more intelligent choice.

[jalex77]

Originally Posted by GrandTourer

Seriously, are you guys just looking at the pictures and bashing the OP? Have any of you even read the posts before the installation post?

Please go ahead and read the posts where OP clarifies that it's not public land. He's well within his rights to do that installation.

Aesthetics can be questioned, but if it does the job and OP is happy with it, there's nothing wrong with it.

Please do some research on rules about projections into public spaces/roads by private parties. And who builds a compound wall leaving that much of his own space/property in an area where land value is at a good premium?

[GrandTourer]

Originally Posted by ramnaresh_2000

I know it is illegal to encroach government road, so this out of question and would never do. I marked below in red arrow where our plot area starts and in blue arrow where government road starts (The government road starts from the white wall, see the sharp curve?).

Even the tar road you see in the picture belongs to the original land owner, he left this area for free to include a road, this improves their chances of selling a house.

I was not clear in my question raised about legality, I was referring to house plan. The house plan approval shows house construction permission from end of the ramp, so the gate extension will go over the ramp, and hence was not sure.

Just to be clear, none of the road belongs to government, nor the ramp nor the road. The road was also laid by funds provided by our house owners society with zero funds from government. We can actually close the road and will still be in our rights (we will just be locked away from society).

Attachment 2290938

The house was not planned by us nor constructed by us. It was constructed by a local builder who sold it to us for discount as he was unable to sell it for 2 years after construction and was going bankrupt. Hence, I would say there was no control on this aspect by us.

Originally Posted by nidhikapoor

Have read through the thread. He says that he does not live in a gated community, and therefore what is beyond his compound wall is public property.

Seems very clear to me.

Originally Posted by jalex77

Please do some research on rules about projections into public spaces/roads by private parties. And who builds a compound wall leaving that much of his own space/property in an area where land value is at a good premium?

Please read the above quoted post.

[v1p3r]

Originally Posted by nidhikapoor

Have read through the thread. He says that he does not live in a gated community, and therefore what is beyond his compound wall is public property.

These laws differ by municipality and state. You cannot choose to interpret them as you see fit. OP has categorically pointed out that it is all private property.

By the way, I notice you live in Bangalore. BBMP has stated multiple times that there is 'no concept like gated community' - easily Googleable. You get the khata and papers to your house, and all roads approaching your property are public roads. I know this because I lived in a gated community when this controversy sprung up. This same logic does NOT apply in Mumbai with BMC or Hyderabad with GHMC, where roads can be private. Again, the reason I know this is because I have a house in Hyderabad with similar private road access.

[DigitalOne]

To those who are defending this gate extension, i ask a simple question. Would it be right if the OP breaks the concrete compound wall, cuts off the shrubs/garden and builds a new compound few feet towards the road? Would it also be okay if the entire house is also extended towards the road?

If that is not okay, then this gate "extension" is also not okay.

I find it incredibly hard to believe that the original builder has not built on every inch of private land available, and let go voluntarily of few feet of land for public use .

[greenhorn]

I will let an actual lawyer chime in on this, but from what I've been told, even for private property, once public has been given right of way, those cannot be taken back. My house, along with other houses in my lane gave up some land to make the approach road accessible via car (it used to be bike approach only). In my land documents It is in my dad's name, but i no longer have any control as the road has been tarred and maintained by the local body.

Some time back one of our neighbour tried to extend their approach from the house to the road into the road (the road is a steep incline and he was having trouble getting his alto in.) While this would have made things convenient for him, it would have made the road severely less usable for the rest of us. Ultimately he was not granted permission to do so. Even i would love to do the same because it would help me fit two cars better into my property. And I'm not even talking about closing off that space - merely changing the contours of the road, but I have been advised that it's not allowed, despite me owning that land

Update: added an older pic of the road. The neighbour I'm talking about is the first gate you see on the right.

[nidhikapoor]

Originally Posted by v1p3r

These laws differ by municipality and state. You cannot choose to interpret them as you see fit. OP has categorically pointed out that it is all private property.

By the way, I notice you live in Bangalore. BBMP has stated multiple times that there is 'no concept like gated community' - easily Googleable. You get the khata and papers to your house, and all roads approaching your property are public roads. I know this because I lived in a gated community when this controversy sprung up. This same logic does NOT apply in Mumbai with BMC or Hyderabad with GHMC, where roads can be private. Again, the reason I know this is because I have a house in Hyderabad with similar private road access.

So, you actually proved my point. In BLR the concept of gated community cannot exist, and with regard to elsewhere, the OP has clearly said that he does not live in a gated community, so the area outside his compound and gate is therefore public property.

[MT_Hyderabad]

This is an amazing thread.
OP did what he did and left the scene and other members are literally fighting over issue they are not even aware about if it exists.
OP created a structure, which may or may not be in his legal rights, but why are everyone concerned?
If it was public property, govt/muncipality/local police are so very happy to deal with it and make some quick bucks.
If it is private property, we should not be concerned anyway.
The question was - how to protect the car?
OP got the solution. If you like it, you can contact him for advice.
If you dislike it, share your improvement suggestion with him.

[GTO]

Mod Note: This topic has been discussed enough. Thread closed.