Common Corridor Occupancy in my apartment

632 votes

A common corridor is a shared area meant for free access and use by all occupants and cannot be exclusively occupied by any individual. Placing personal articles such as a shoe rack amounts to unauthorized encroachment and obstruction of common space. No resident can claim any portion of a common corridor as private property unless expressly permitted under the sanctioned building plan or association bye-laws. Such occupation is illegal and actionable. You may first raise the issue with the apartment association or management committee for immediate removal. If the obstruction continues, a written complaint can be made to the local municipal authority or appropriate civil remedy may be initiated seeking removal of encroachment and injunction. Encroachment on common areas has no legal protection

Advocate Pavani Kumari LawRato

830 votes

Hello, If your neighbour has occupied and closed the common corridor by placing racks, it amounts to illegal encroachment of common area. Common corridors are meant for shared use by all occupants and no individual has exclusive rights over them. You may take the following steps: Verify sale deed and approved plan – confirm it is a common passage. Send a legal notice demanding removal. Inform Apartment Association / Society (if applicable). File a Civil Suit for Mandatory Injunction if he does not remove it. Approach municipal authorities if there is clear unauthorized construction. Act without delay. Regards, Florence Reddy

Advocate Florence Reddy S LawRato