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Legal action in case sale deed giving exclusive right of parking


08-Jan-2023 (In Property Law)
I have a bungalow and sold my second floor but the sale deed clearly mentioned that “the vendor will have exclusive right of parking in driveway”. Now my neighbours demand parking. Is it possible to proceed with the case on the basis of sale deed.
Answers (2)

Answer #1
989 votes
Either way you have a strong case. If you file you can restraint them for parking in your drive way and if they file, they won't get any relief primarily. And you are not liable to provide them with parking if its not mentioned in the sale deed.
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Answer #2
626 votes
Dear Querist,
If your deed explicitly mentions this condition, then yes you can file a case in the appropriate forum for specific relief. However it has to be kept in mind that your parking space does not cause any problem to your neighbor, as in he/she should not have any hindrance to access their property. Easement has to be kept in mind at all times. Hope this answers your query. If you need any further clarifications then feel free to contact me for the same. Regards.

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