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how can i get the AC removed from my passage?
03-Sep-2023 (In Property Law)
i have got a house east facing and 4feet passage south east.i have got all easement rights,i am enjoying this property since 56 years.Now,all of a sudden my southern side neighbour has erected heavy 2feet ac stating he is having 6 inches in this passage and also coverd pvc sheets at the entrance of the passage.pl advise.me
Such a situation is a routine occurrence in most Indian cities and can be dealt with in a straightforward manner. First course of action would be issue a legal notice to your neighbor as a measure of abundant caution. Thereafter a suit for declaration of your right to easement and permanent injunction should be filed before the concerned court. While the suit is pending certain application can be filed to provide you with relief in the meantime. However, in such situations courts usually require the parties to maintain status quo. There may however be additional grounds for you to take. For example, your neighbor may be in violating certain building codes and endangering the safety of the residents by his actions.
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