Legal action against neighbour for obstructing construction


We have a property of 30 X 60. Our neighbor on the back has raised his building from the boundary, and from the first floor he has extended 2 feet balcony on our property where he has opened toilet vents on our site. Now we have started constructing, and he is saying to leave 2 feet gap... We are already leaving 2 feet gap from our boundary as he extended his balcony on our site. I want to know what legal action can he take and what can we take. He took pictures of our pillar markings so it's clear that he is planning to form a case.

Answers (3)


72 votes

Pls u go and give the police complaint with jurisdictional police authorities, thn the police authorities will tell it is a civil dispute, as such u go and approach the civil court, therafterwords u have to file a permanent injunction suit against the obstructor and he has take. Ur photos to file a permanent injunction suit against you. Before tht pls go and file caveat petition, so tht if he file a case also the court will not give temporary injunction without issuing notice to you. During tht time court will hear the arguments of both the side and pass further orders.


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213 votes

If your neighbour has encroached on your property, make sure to what extent he has done it. Get copy of approved plan from the municipality. Take photographs of portion extruding on your site. File a suit for mandatory injunction to demolish that portion. Contact your Advocate and take action as per legal advise. You need not worry about hs activities of taking photos etc. It may be his trick to frighten you

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337 votes

It appears your neighbour is trying to obtain an injunction order from Court to see that om continuing. You need to move fast and order and see that he does not get an ex-parte order.You should also prepare to file a case first, if possible. Getting a notice issued is of no use. Final outcome depends on the plan sanction by local authority, the approvals. etc.,

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