Chapter 64

Boundary Disputes

Excess or deficiency in a share, its existence or non-existence, enjoyment without title, and the boundary—these are the six causes of a land dispute. // K_732 //

In that case, possession should be employed when all witnesses are present. A witness may be one recorded in a document or another, following two paths. // K_733 //

In disputes concerning fields, houses, ponds, wells, gardens, and dams, the neighbors are the proof in all matters. // K_734 //

In the absence of neighbors, one should settle the matter of fields and the like with those who are not neighbors. The same applies to the boundaries of villages, and likewise to those of towns and countries. // K_735 //

A village is the neighbor of a village, a field is said to be the neighbor of a field, and a house is specified as the neighbor of a house, surrounding it on all sides. // K_736 //

In their absence, neighbors, hereditary witnesses, elders, and those who can reconstruct the boundary, and others—in the six kinds of immovable property, there should be no deliberation on this. // K_737 //

The contiguous ones are neighbors; next to them are the next neighbors; and those contiguous to the contiguous neighbors are declared to be in the shape of a lotus. // K_738 //

When the neighbors are corrupted in the establishment of one's own interest due to the gravity of the matter, the determination must be made by the next neighbors; there is no doubt in this. // K_739 //

If the next neighbors are also at fault, the next ones after them are declared. They should be appointed by a king who knows the law, provided they are not corrupt. // K_740 //

Neighbors are not absolved from a decision on account of ignorance. If they plead ignorance, after punishing them, one should investigate the boundary again. If there is a discrepancy in what is stated, they are to be fined the highest amercement. // K_741 //

Having rejected the corrupt neighbors, one should have the boundary determined by mixing others with hereditary witnesses and the like; thus say the knowers of the law. // K_742 //

Those who were formerly neighbors and later moved to another country, because they are the root, they are declared by the sages to be hereditary witnesses. // K_743 //

Those by whom the matter was seen being established, who are endowed with noble qualities, whether they are old or not old, they are declared to be elders. // K_744 //

Those who are marked by having heard, enjoyed, or been told about the matter, because they reconstruct it from that, they are remembered as reconstructors. // K_745 //

Neighbors are the first means of proof; if they speak falsely, then qualified ones. The next ones should be known as double that number, and the others are held to be triple. // K_746 //

Sometimes, one person desired by both may trace the boundary, placing earth on his head, wearing red garments, and being composed. // K_747 //

In the absence of all these, it is done by the king himself, who is free from fear. // K_748 //

For fields, wells, and ponds, and for irrigated fields and gardens, and for houses, palaces, dwellings, and the houses of kings and gods... // K_749 //

If many are taken as witnesses and not all of them give a decision, out of fear or greed, they are to be fined the highest amercement. // K_750 //

In the ordeal of walking the boundary, in the ordeal of the sacred water, and in the ordeal of touching the foot, a divine or royal calamity is expected within three fortnights, a fortnight, or a week. // K_751 //

One should not block balconies, drains, windows, or eaves. One who obstructs a water-channel or a house-site shall be liable for a fine. // K_752 //

After the time of building, these should never be constructed. One should not make a window or a water-channel facing another's house. // K_753 //

A place for feces, urine, and water, and a place for fire and a pit, should be made leaving a space of two cubits from another's wall. // K_754 //

That which all people always use to travel is a crossroads. That which is unobstructed at the proper time is called a royal road. // K_755 //

One should not plant anything there, nor obstruct it in any way. For taking the right of way from a preceptor, teacher, or king, one is liable for a fine. // K_756 //

He who defecates out of desire shall be fined one māṣaka. // K_757 //

He who defiles ponds, gardens, or sacred bathing places with filth shall, after cleaning the filth, be fined the first amercement (pūrvasāhasa). // K_758 //

He who pollutes sacred bathing places, established by great souls, which are holy and purifying, shall incur the first amercement. // K_759 //

For trees growing on the boundary between two fields, the fruit and flowers should be declared as common to the owners of both fields. // K_760 //

But when the branches of trees growing in one field extend over another, one should know the owner to be him in whose field the branches extend. // K_761 //

He who makes improvements to a house, garden, or pond without the owner's consent, that improver does not get the benefit. // K_762 //

If, upon the owner's arrival, he does not report the expense to the king, and if he has incurred it without reporting, he shall not recover that expense. // K_763 //

If the owner is unable to pay the expense incurred for cultivating fallow land, the cultivator shall receive the produce, less an eighth part. He shall enjoy it for eight years; after that, it belongs to the owner. // K_764 //

In the case of landowners who are unable, dead, or have disappeared, if someone cultivates the field without being prevented, he shall enjoy its fruit. // K_765 //

If, while the field is being cultivated, the landowner returns, he shall get back his field after paying for all the improvements and good management. // K_766 //

This (compensation) shall be reduced by one-eighth part for each of the seven years that have passed. Upon the completion of the eighth year, he (the owner) shall get back the enjoyed field. // K_767 //