Real Estate Lawyer in Nepal

1. Introduction to Real Estate Lawyer in Nepal

Real Estate Lawyer in Nepal such as Imperial Law Associates practice the Broad Body of Legal Principles, Regulations and additional Laws that govern the Ownership, Transfer, Use and Development of Land, Buildings, and other Form of Immovable Property. We have handled National and International Clients for Real Estate Transactions and Agreements in Nepal. It also pertains to the buying, selling, leasing and Development of Property. Traditionally, Real Estate Law covers Transfer of Property, Fair and Transparent Transaction, Regulation of Land and Development Activities, Construction Contracts, Landlord-Tenant Relationships etc. 

2. Laws and Authorities Governing Real Estate in Nepal

The Major Governing Laws and Regulations for Real Estate in Nepal are:

The Lands Act, 2021 (1964) has coordinated the Maximum Ceiling upon purchasable lands as assets and the Provisions pertaining to Tenancy and occupation of Property. Accordingly, Land Rules, 2021 (1964) stated the procedural aspects of the Rights, Obligations and Limitations of Tenant and the laws for the use of Land such as Plotting, Fragmentation etc.

The House and Land Tax Act, 2019 (1962) has levied Taxes on Houses and Immovable Properties such as Land for remitting such taxes. The House and Land Tax Rules, 2020 (1963) has provisions for the valuation of house and land along with the assessment of its tax.

3. Ownership and Possession Law in Nepal

When a person legally acquires rights to property, they are deemed the owner. Owners have various rights including the use, sale, mortgage, and legal action regarding their property. When a person lawfully holds property with the intention to possess it, they are deemed to have possessory rights.

Individuals or their agents can acquire possessory rights, even if the person is incompetent through a guardian. Possessors have rights to uninterrupted possession and use of the property, with entitlement to reimbursement for expenses incurred. If a person possesses property owned by another for a certain period, they may acquire adverse possessory rights, leading to potential ownership.

4. Uses of Property

Individuals are prohibited from using, interfering with, or acquiring others’ property without consent. The government may acquire property for public interest under the law. No one is allowed to encroach upon or trespass on others’ property. Individuals must take safety measures while working on their property to prevent damage to neighboring properties.

Building a house on someone else’s land without written consent is prohibited. The landowner has options to purchase the house or allow the house owner to purchase the land, failing which the house must be demolished. When building a house with windows or doors facing a neighbor’s land, the person shall be required to leave the land according to the standards set by the concerned body.

When digging a well or Kuwa, sufficient distance must be maintained from the neighbor’s land. It is prohibited to channel water from one’s house or roof onto others’ property or public roads.

5. Cultivation, Use and Registration of Land

No individual shall cultivate or use another person’s land without their consent. If a person needs to construct a ditch through another’s land for cultivation, the landowner must allow it, and compensation or substitute land must be provided.

If a person needs to have transfer of a land on the death of its registration holder or to have registration and deregistration of a land in which the person has got right in any manner, the concerned person should submit an application to the Land Revenue Office and obtain transmission and registration and deregistration of the matter within thirty-five days of the occurrence of such an event.

If a person submits an application for transmission and registration and deregistration of the matter after the expiry of the time-limit, the Land Revenue Office shall execute the transmission and registration of such land in the applicant’s name by collecting the fee of one hundred rupees irrespective of the length of time after such expiration.

5. Our Services

5.1. Real Estate Purchase Agreements

Imperial Law Associates has leading Corporate Drafting Team for the purpose of drafting sound real estate purchase agreements. Our Team diligently reviews the terms and conditions of the Agreement and acts as the Legal Advisory to the Purchase.

5.2. Title Searches and Opinions

We examine property records with Clear and Marketable Titles with expertise in Title Searches and Opinions. We offer a safe and risk-free Real Estate Transaction deals to our Clients with the complete Legal Package.

5.3. Landlord-Tenant Dispute Resolution

Imperial Law Associates offers adept resolution services for landlord-tenant disputes through negotiation, mediation, or litigation if necessary.

5.4. Property Lease Agreements

Our Law Firm also drafts Property Lease Agreements for its clients with a Legally Defined and Enforceable Terms and Conditions of Lease and a coordinated Landlord-Tenant Relationship.

5.5. Property Development Contracts

Our firm specializes in drafting and negotiating property development contracts that align with our clients’ objectives and legal requirements. We confer a Client Oriented and uniquely developed Contracts for Property Development Projects.

5.6. Boundary Disputes

Imperial Law Associates also provides Legal Representation and Consultation in Boundary Disputes and Land Disputes in Nepal. We engage in Negotiation as well as Litigation for settling such Disputes.

5.7. Land Acquisition Due Diligence

Land Acquisition, specially at a Commercial Level, requires Apt Due Diligence. Our team conducts comprehensive reviews of legal, financial, and regulatory aspects to identify risks and opportunities.

5.8. Lease Negotiation and Drafting

Imperial Law Associates leads Lease Negotiation and Drafting in Nepal with drafting unique documents for the purpose and an extensive Experience to negotiate Favorable Terms for its Clients.

5.9. Real Estate Financing

Imperial Law Associates assists clients in navigating complex real estate financing transactions. We also offer strategic advice and legal support to secure favorable financing terms.

5.10. Real Estate Litigation

In the event of real estate disputes, Imperial Law Associates provides vigorous representation in litigation proceedings. We are engaged in advocating for favorable outcomes in court while exploring alternative dispute resolution methods when appropriate.

6. Conclusion

Imperial Law Associates offers specialized services tailored to navigate the complexities of real estate transactions and disputes. We conduct drafting purchase agreements, conducting title searches, resolving landlord-tenant conflicts, negotiating lease terms, and providing legal representation in litigation matters. The Current Real Estate Law prohibits unauthorized use of others’ property and outlines procedures for land acquisition, cultivation, and registration.

 

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SURENDRA TIWARI
MANAGING PARTNER

DEEPESH OJHA
FOUNDING PARTNER

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Phone: +977 9803888924,                                        +977 9849093540
Email: info@lawimperial.com

Location: 4th Floor, Gravity Center (Big Mart Complex), Anamnagar-29, Kathmandu 44600, Nepal

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