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Flat common passage encroachment by neighboring flat


22-May-2023 (In Property Law)
We stay in a builder apartment. Builder has expired. We do not have any registered association. However, on good faith, all of us contribute based on common expenses (like sweeper for cleaning the staircase, lift running and maintenance, etc.) to run it. However, my neighbor has installed shoe rack in a common passage which restricts my movement. My repeated requests did not help. He also keeps his shoes outside (not inside the shoe rack) without paying any respect to my requests. It is clear case of misuse of the common space for individual gain. The registration copy of the flats clearly mentions about the common space. What legal recourse do I have to solve it?
Answers (3)

Answer #1
635 votes
Common passage is the right of all the houses to whom the passage is concerned. No one can restrict or use common passage for his or her personal usage and which causes nuisance to others, you can file for temporary and permanent injunction in this regard.
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Advocate Aditya Kapoor

Adv. Aditya Kapoor

LawRato Delhi | 25+ Answers
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Answer #2
928 votes
Sir you can file injunction suit against your neighbour and get directions from the court against your neighbour and by this your neighbour will be bound to obey the court order and you get your relief.
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Advocate Lavika Gupta

Adv. Lavika Gupta

LawRatoDelhi | 50+ Answers
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Answer #3
935 votes
Hi mam the best way is to first try and amicably settle the dispute as it is a petty issue.if the problem is not solved then i would suggest going to court by the way of filing civil suit in tbe concerned district court.For further details you can call me on my number
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