Need Advice - private property - roof rights / common passage

Private property - 100 sq.yards - entrance to the entire building is only from the front side - three different owners - Ground, First & second floor - Second floor owner with roof right built the entire third floor and has closed the access to the roof top from the front side of this building and hence has blocked the approachable way to go to the roof top to check water tank, antenna - can we file a civil suit to get and injunction from the court to order the owner of the second floor to open the entrance to the roof top from the front side of the building ?

Answers (1)

332 votes

a bare reading of the facts of your case make it seem that you do have a prima facie case for suitable reliefs from the appropriate civil court. However, a scrutiny of the various agreements concerning the respective floors and their respective owners etc. becomes essential to conclusively comment on the feasibility or otherwise of a civil suit for appropriate reliefs

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