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Legal remedy as new neighbor is blocking 27 years old drainage
25-Feb-2023 (In Civil Law)
We have a drain existed since 1990 . All the dirty water flowing through that drain fall into neighbor's drain then both water finally fall into main municipality drain.we had no problem with old owner but the after purchasing the house in 2013 new owner recently in 2018 january objecting and telling us to block the drain. Even municipality is telling us the same since in the buiding plan the drain is located to another spot.we have an agreement with previous owner on 50 rs stamp paper to use the drain. Moving the drain to another location as mentioned in the buiding plan is impossible for there is no space available. Whole buidling structure was made such a way according to the drainage system . How strong is my case if I file civil suit and what are the suggestions at this point . Please help me.
Nobody can stop the existing drain save an except Municipality authority you can made representation by stating all facts before the municipality if you will not satisfied in action of the municipality you can file writ before High court
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Adv. Ashis Kumar Chowdhury
Kolkata | 25+ Answers
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Can a neighbor drain water on my property in India?
There is a natural right to drainage of water in the course of nature, in undefined channels. However, an adjacent landowner is not obliged to accept an artificial discharge from his neighbours lands, unless he is bound to do so by law.
Can a neighbor drain water onto your property in CT?
In general, a neighbor cannot be held responsible for damage caused by natural conditions. Its not your neighbors responsibility if the land is shaped in a way where a certain amount of rainwater runs off your neighbors property every year and ends up in your backyard. 07-Aug-2019
How close to a drainage ditch can you build?
Q. Q. A. A.
Sir,
Your case is based on easement right. If you have an agreement and you are using the drain uninterrupted for more than 20 years you have an adverse possession over it. So your case is in most probable situation will succeed in my opinion provided proper steps are taken accordingly. You may contact me if you would like to proceed accordingly.
Your case is based on easement right. If you have an agreement and you are using the drain uninterrupted for more than 20 years you have an adverse possession over it. So your case is in most probable situation will succeed in my opinion provided proper steps are taken accordingly. You may contact me if you would like to proceed accordingly.
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If you are using the drain for the last 20years without any interruption then you have an easement right then you can file a civil suit to declare that.For that you need to prove the easement right over that drain.
Regards
Regards
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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