Property Lawyer in Nepal

Published Date: 2023-01-29

Property Laws  in Nepal/ Property Lawyer  in Nepal/ Property Law Expert in Nepal

 

What is property?

Property is defined as any cash, goods or work which can be used or transacted in or the title thereto can be transferred by way of purchase, sale or otherwise or any benefit can be derived therefrom.

What is “Good”?

The term "goods" means a physical property capable of being purchased or sold.

What are the forms of property?

A property shall be either movable or immovable form irrespective of its physical or non-physical, tangible or intangible form.

What kind of property is considered to be immovable property?

The following property shall be considered to be an immovable property: 
(a) A building or land or structure fixed thereto,
(b) Any goods attached to a building or land permanently,
(c) A mine, stone or mineral embedded in land,
(d) Natural water, surface water and underground water,
(e) A building or other structure so made permanently that it can float over a river, lake or pond,
(f) A standing tree, plant or fruit tree or fruit or flower growing on such a tree, plant or fruit tree or crops in the land,
(g) A movable property attached to an immovable property.

What kind of property is considered to be movable property?

The following property shall be considered to be a movable property.
(a) Cash or goods that can be transacted as cash or foreign currency,
(b) Gold, silver, jewelry, Ratna, gold or silver ornament or precious stone,
(c) Other good that can be moved from one place to another, except those referred in point (a) or (b),
(d) A bond, security, promissory note, bill of exchange, letter of credit, or other negotiable instrument or a benefit derived therefrom,
(e) Intellectual property,
(f) A right to security,
(g) A trade good-will or franchise,
(h) A property other than the immovable property.

What is the classification of property according to ownership?

The property shall, according to the ownership and the form of use thereof be classified as follows:
(a) Private property,
(b) Property in common,
(c) Joint property,
(d) Community property,
(e) Public property,
(f) Government property,
(g) Trust property.

What is deemed to be a private property?

Any of the following properties owned by any person or properties accrued therefrom shall be deemed to be a private property of such a person:
(a) Property earned by way of his or her knowledge, skills or effort,
(b) Property acquired by way of donation, bequeath, or succession,
(c) Property acquired by way of a lottery or gift,
(d) Property acquired by way of remuneration, gratuity, pension, medical expense, provident fund, insurance or        other social security,
(e) Property acquired by way of intellectual property or royalty,
(f) Property acquired in any manner whatsoever while living apart by separating bread and board in accordance with law or while managing one’s accommodation at one’s cost despite not so living apart,
(g) Property earned or acquired by a woman prior to marriage or acquired from her parental side at the time of marriage or accrued therefrom.
(h) Property so granted to a woman by the husband or with the consent of all coparceners of the husband side that she will have an exclusive right in it or movable or immovable property received from the relatives or friends of the husband side and property accrued therefrom,
 (i) Property which, according to law, is considered to be the exclusive private property of a person.

What is deemed to be a property in common?

Any of the following properties or property accrued therefrom shall be deemed to be the property in common, irrespective of such property being owned by any coparcener whosoever, out of the coparceners:
(a) Property inherited from ancestors,
(b) Property owned by the coparceners except the private property,
(c) Property earned by the coparceners from the farming, industry, trade or business in common or property accrued therefrom.

What is deemed to be a joint property?

Any property owned by two or more persons except the coparceners living in a joint family or property accrued therefrom shall be deemed to be a joint property. The right or share of a joint holder in the joint property shall be as set forth in a deed setting out such rights and share, and failing such a deed, the holders of that property shall be deemed to have equal rights and share.

What is the provision regarding management, protection and maintenance of joint property?

The management, protection and maintenance of a joint property shall be made as per the consent of the owners of that property. Failing consent between the owners in relation to the management, protection and maintenance of a joint property, it shall be made according to the decision of majority members.Hence, the owner who has the largest right or share in that property shall make its management, protection and maintenance.
 

Is an owner have to pay any expenses who does not manage, protect and maintain the joint property?

The owner who does not manage, protect and maintain the joint property shall pay the expenses incurred in the management, protection and maintenance of that property to the owner who has made such management, protection and maintenance within a period of one year. If any owner fails to pay the expenses incurred in the management, protection and maintenance of the joint property within the period then the owner who has made management, protection and maintenance thereof shall be entitled to purchase the right and share of that other owner in that property at the prevailing price. Such purchaser of the joint property may deduct management and maintenance expenses of his or her portion.

Is any alteration allowed without consent in joint property?

Any alteration in a joint property or any change in its form may not be made without consent of all the owners of the joint property.

Can an owner of joint property make any legal action?

Yes, If it is necessary to institute a legal action against any person or defend a case in relation to the protection of a joint property, all owners shall make such institution or defense. If all owners are not available then any owner may, on behalf of him or her or the other owners, institute legal action against any person or defend any case.

What is the provision regarding separation from one’s share from joint property?

Any owner of a joint property may separate his or her right or share therein from the other owners at any time with the consent of all the owners.If any joint property cannot be separated in the condition of substantial loss of any owner, the owners of that property shall sell such property and divide the proceeds of sale between them in proportion to their respective right and share therein. If any joint property cannot be sold or all the owners do not agree to sell it and any owner intends to buy such property, such an owner may exclusively own it by paying the price of that property to the other owners in the same proportion.  If more than one owner intend to buy the joint property then the owner who agrees to pay the highest price shall be entitled to purchase such property.

What is the statute of limitation for property offences?

A person aggrieved from any act done or action taken under provision relatingproperty make a lawsuit within six months after the date on which such an act was done or action was taken.

What is the provision regarding use, temperance, or acquisition of others property?

There is prohibition of use, temperance, or acquisition of others property as:
  1. No person shall use other's property without consent of that other person.
  2.  No person shall temper with other's property by closing the road or exit of the other person or doing any act or construction on the border of his or her land or otherwise.
  3. No person shall acquire other's property without consent of that person. Provided that the Government of Nepal may, in accordance with law, acquire property of any person for public interest.
  4. No person shall enter other's house and compound without consent of any person except in accordance with law.

When the property is to be inviolable?

The property is to be inviolable when any person shall encroach or trespass other's property by way of overlapping, pressing or otherwise.

What are the safety measures to be adopted?

A person shall, while doing any work on his or her house or land, adopt safety measures in order to avoid any loss or damage or effect to the neighbor's house or land in any manner. Provided that, except where a business transaction is carried on by any neighbor, matters such as gas, smell, smoke or noise of general nature emitted or produced from the use by the neighbor of his or her house or land shall not be deemed to have caused a loss or damage or effect to the house or land.

Is any person allowed to building a house in other’s land without consent?

There is prohibition in building a house in other’s land without consent as: 
 
a) No person shall build a house in a land without obtaining written consent of the owner of that land. 
 
b) If any person builds a house in a land without obtaining written consent of the owner of that land, the land-owner may, if he or she so desires, purchase the house on payment of the price that is less by up to twenty-five percent of the market price of that house. 
 
c) If the land-owner does not purchase such house, the house-owner may, if the owner so consents, purchase the land on payment of the price that is higher by up to twenty-five percent of the market price of the land where the house is located. 
 
d) If both parties do not agree to purchase and sell the house or land, the person who has built the house shall demolish the house and take away his or her materials within a period of three months of the date on which the house was so built. 
 
e) If the house is not demolished within the period of three months such a house shall belong to the landowner.

  Is it necessary to leave land while putting window?

If a person or government body has to build a house by putting a window or door towards the neighbor's land, the person or body shall leave the land according to the standards specified by the concerned body.

Can anyone channel water of house or roof?

No person shall channel the water of his or her house or roof to other's house or land or a public road.

Is making safety tank adjoining to neighbor’s land allowed?

There is prohibition to construct a safety tank by adjoining it to the neighbor's land. If a person has to construct a safety tank in his or her land, he or she shall leave at least the land according to the standards specified by the concerned body, except in cases where the neighbor's consent is available.

Is it necessary to leave land while digging well or kuwa?

Yes,In digging a well or a small (Kuwa) in one's land, one shall leave the land so that the distance of at least one meter can be maintained from the neighbor’s land.

What is the provision regarding planting trees or plant causing effects?

There is prohibition of planting trees or plant causing effects as: 
a) No person shall plant a tree or plants in such a way so that it causes effects to other's house, land or property. 
b) If any tree or plant planted by a person in one's land cause any effect by expanding to other's house, land or property, the person who has planted such tree or plants shall cut the branches or roots of the tree or plant in such manner as not to cause loss or damage to that person's house, land or property. 

What is the provision regarding compensation?

If any damage is caused to any person from any act done or action taken by any person under the provision relating uses of property, the damage-sustainin person shall be entitled to recover a reasonable compensation from the person who has done such act.

What is the statute of limitation?

A person who is aggrieved from any act done or action taken under the provision relating uses of property may make a lawsuit within six months after the date of knowledge of the commission of such act or action.

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Contact Details

PRIME LAW ASSOCIATES
Advocates & Legal Consultant
Anamnagar,Kathamandu,Nepal
Postal Code : 44600
Mobile : +977-9851059026
Tel.:+977-1-4102849
Fax:+977-1-4102849

Office Hours

10:00AM - 6:00PM

SUNDAY TO FRIDAY



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