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Harassment by neighbours for car parking area


10-Apr-2023 (In Property Law)

Hi, I am staying in a colony for more than 21 years and so my neighbors. They are creating nuisance daily. We are females living in the colony. Our neighbors still continues to and find excuse to create nuisance. The issue is over car parking. We dont have space infront of our house hence we park below our house. They claim space to trespass from front as there is a wall in front. They complaint against no space , but its not true as we have given enough space from behind. They are threatening us if not done as per them they will damage our property. We need help and we seek advice. Help!

Answers (4)

Answer #1
687 votes
Dear Sir/Mam,
Neighbours creating nuisance is a very common problem these days. But no one can infringe your rights in any manner what so ever. Their are many methods which you can adopt to cope up with your neighbours but for this a detail analysis of your case is must. It would be helpful for you if in case you can contact and provide me all the relevant details.

Answer #2
530 votes
In law, there is no provision wherein one can damage your property. Your neighbors should adjust in parking their cars with your parking if there is no car parking space. In your case, you shall have the right to complain to the police for creating nuisance or else you can park your vehicle outside Lane somewhere in the market or at the end of your house lane. Since they are threatening you to damage your property, it is advisable to complain to the police. In your case, I will advise to resolve the matter by parking your vehicle somewhere else but not at outside anybody property or else if they again create nuisance or threaten then complain to police. But firstly you should talk to them about this issue and settle it without any interference of police in this issue
Answer #3
503 votes
Parking has been a problem in Delhi & NCR especially when no of cars are more than space available around houses for parking. In the event nuisance has been created you file file complaint to police or may file a complaint u/s 133 CrPC to concerned SDM of your area.

In the event your neighbors are threatening to damage your property make a written complaint to local police station.
Answer #4
836 votes
The issue is trivial and can be resolved by dialogue and so you must try and reach a middle ground. However if they are threatening you with damage to your property you could file a complaint in this regard with the police.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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Comments by Users

Bharti
Mera naam Bharti h main ek slum area m rahti hu mere padosi me Puri Gali m Lanka or rakha h main Gali saaf means Gali m se uska samaan hatwane k liye kya kru

Reply by LawRato
If a neighbour is blocking a road with personal belongings, it may be considered a public or private nuisance, depending on the nature and extent of the interference.

If the blocked road is a public road, the neighbour's actions may be considered a public nuisance if they unreasonably interfere with the public's right to use the road. In such cases, the relevant authorities, such as the municipal corporation or the police, may take action to remove the obstruction and prevent future occurrences. The authorities may also impose penalties on the neighbor for causing the public nuisance.

If the blocked road is a private road, the neighbour's actions may be considered a private nuisance if they unreasonably interfere with the use and enjoyment of the road by the parties who have the right to use it. In such cases, the affected parties may seek legal remedies, such as an injunction or damages, against the neighbour under the Specific Relief Act, 1963. 

In either case, it is important to document the obstruction and gather evidence of the interference caused by the neighbour's actions. It may also be advisable to try and resolve the issue amicably with the neighbour before resorting to legal action.

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