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What action can i take if persons gardening is affecting our roof.
01-Dec-2023 (In Landlord/Tenant Law)
We are residing in a flat in first floor.In second floor over our bedroom roof the other person is doing gardening which happens to be his open terrace.We are under constant fear that our roof will start seeping.Kindly help us with any legal rules or guidelines which the people residing in flats should follow otherwise any legal action which can be taken against them for trying to harm other's roof..
Whether the roof above your floor is a open terrace or the roof above the floor above you floor is open terrace?
Whether your upper floor neighbor has roof rights?
The roof gardening generally do not damage the ceiling underneath, however since you are worried over the issue you can get an assurance in writing from the neighbor about undertaking the rectify or compensate the damages due to this work undertaken by him.
Is it a flat system and have an association controlling the common places?
If so you can make a complaint about this with the president or secretary about this and may as them to advise the neighbor from indulging into such activities which is foreseen to damage your flat or the ceiling of your flat etc.
First exhaust all the remedies available locally and then plan to initiate legal action by complaining about this to the local civic body/authority and then through a court of law.
Whether your upper floor neighbor has roof rights?
The roof gardening generally do not damage the ceiling underneath, however since you are worried over the issue you can get an assurance in writing from the neighbor about undertaking the rectify or compensate the damages due to this work undertaken by him.
Is it a flat system and have an association controlling the common places?
If so you can make a complaint about this with the president or secretary about this and may as them to advise the neighbor from indulging into such activities which is foreseen to damage your flat or the ceiling of your flat etc.
First exhaust all the remedies available locally and then plan to initiate legal action by complaining about this to the local civic body/authority and then through a court of law.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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