Legal action against neighbor for causing problems to others

844 votes

firstly you should send a legal notice to your neighbor's alleging nuisance cause by them, if they still don't take any measure to stop the nuisance you can file a criminal complaint under section 268 of IPC or can also file a civil suit asking for injunction against you neighbor's. you should take the help of an advocate in this regard.

Advocate Manmilan Sidhu LawRato

795 votes

You will be file a suit for permanant injunction aaginst the defendents basis on easmentry right
And second you have a file a petition against the opoosite party under section 33 creat a nusence in the local sdm
Nuisance

A legal action to redress harm arising from the use of one's property.

The two types of nuisance are private nuisance and public nuisance. A private nuisance is a civil wrong; it is the unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual Trespass or physical invasion to the land. A public nuisance is a criminal wrong; it is an act or omission that obstructs, damages, or inconveniences the rights of the community.

Private Nuisance

A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

Examples of private nuisances abound. Nuisances that interfere with the physical condition of the land include vibration or blasting that damages a house; destruction of crops; raising of a water table; or the pollution of soil, a stream, or an underground water supply. Examples of nuisances interfering with the comfort, convenience, or health of an occupant are foul odors, noxious gases, smoke, dust, loud noises, excessive light, or high temperatures. Moreover, a nuisance may also disturb an occupant's mental tranquility, such as a neighbor who keeps a vicious dog, even though an injury is only threatened and has not actually occurred.

An attractive nuisance is a danger likely to lure children onto a person's land. For example, an individual who has a pool on his property has a legal obligation to take reasonable precautions, such as erecting a fence, to prevent foreseeable injury to children.

Trespass is sometimes confused with nuisance, but the two are distinct. A trespass action protects against an invasion of one's right to exclusive possession of land. If a landowner drops a tree across her neighbor's boundary line she has committed a trespass; if her dog barks all night keeping the neighbor awake, she may be liable for nuisance.

Legal Responsibility

A private nuisance is a tort, that is, a civil wrong. To determine accountability for an alleged nuisance, a court will examine three factors: the defendant's fault, whether there has been a substantial interference with the plaintiff's interest, and the reasonableness of the defendant's conduct.

After that you talking about more information then you will call me throw lawrato

Advocate Satnam Singh Bhagrana LawRato

971 votes

Hello
If someone is creating any hindrance in your ingress and outgress you can file complaint to police .you can move to civil court for restraining them to block your passage.no one has right to block your door

Advocate Deepak Sabharwal LawRato

400 votes

You can bring a complaint to the magistrates court if you are the victim of this type of harassment by your neighbor. The punishment for nuisance, as defined by Section 290 IPC, is only Rs. The court has the power to do more than 200 rupees.

Advocate Chikirsha Mohanty LawRato