Occupation of Common wall used by neighbour for extension

956 votes

You should file a civil suit for a mandatory injunction in the court of a civil judge, senior division, in your jurisdiction. File all the related documents regarding your property, mentioning your share as soon as possible.

Advocate Ankur Thakran LawRato

629 votes

You have to take a permanent and mandatory injunction against him at the earliest. You have to take an interim stay and you have to get the construction stopped by way of permanent injunction. Also the mandatory injunction will allow you to get the construction demolished which was did by him till so far. Common wall is always meant to be used for construction in equal proportion. There are many landmark judgments for the same so don’t worry.

Advocate Milind Modi LawRato

833 votes

As long as the construction isn't happening in your property, your neighbour can do anything to their property or house as they wish, as long as such construction doesn't cause damage to the property next to it.

Advocate Kartik Yadav LawRato

602 votes

To get a required injunction, you should file a civil complaint in your jurisdiction's senior division court of a civil judge. As soon as possible, file all the pertinent property-related paperwork, making sure to include your share. As soon as possible, you must obtain a binding injunction against him. You must get a temporary injunction to halt construction and accept an interim stay. Additionally, you will be able to have the construction dismantled, as he has done up to this point, thanks to the required injunction. Common walls are always intended to be utilized equally in building projects. Don't worry; there are several precedent-setting rulings on the same matter.

Advocate Vivek Tanwar LawRato

552 votes

Hello Sir/mam In this matter, the other person has obstructed your enjoyment of the property over which you are entitled. It is an act of trespass, therefore you could file a criminal complaint against person . However, it is advised to go for a civil remedy in this matter. First, you shall send the person a legal notice, providing person with a period of time within which she must discontinue such trespass and thereby blocking your enjoyment of the property. If person does not comply with the said notice, you shall file a suit against her for obtaining an injunction against her. In order to do so, you have to file a suit under Order XXXIX of the Code of Civil Procedure, 1908 before the Civil Judge having jurisdiction in the area in which the property is situated. In the plaint, you will have to make an intimation about the particulars of yourself and the other party in details. You must also mention how person trespass has caused you a legal injury and has prevented you from enjoying possession of your property. You must seek relief from the Court in terms of an injunction against person , to order person to discontinue the trespass with immediate effect. In case you have faced any losses, you may also sue person for damages (compensation) for any loss caused to you due to prevention of your enjoyment of the parking space. you can contact me over phone call or whats app for further assistance. Thank you Regards Advocate Kuber hooda

Advocate Kuber Hooda LawRato