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Property dispute with neighbour
06-Aug-2023 (In Property Law)
BOUNDARY WALL DISPUTE: My neighbour filed a case at Court the hearings are running. He tells that I am to leave 3 feet’s space. He has already constructed lavatory on the boundary. He is not left 3 feet’s space. Though he is a neighbour I kept silent. However, I asked him to construct a boundary wall. He agreed and told me you may construct a boundary wall I will pay its 50% cost. I completed work and asked him for the money he purposely avoided to pay. Instead of paying the amount he quarrelled with me. That time I thought he is a danger. Then I started work in my plot space. And raised wall up to 20 feet. Let me know the wall is mine and the plot space is mine, then how he can be conquered. A good opinion is awaited.
The space which is required to be left is a known as setback. The setback depends upon the locality, height of the building, width of the road etc. Every owner of the plot has to leave some space in all sides of the plot.
As per law, You as well as your neighbour too need to leave set back. If your neighbour insist upon you to leave setback but he himself has not left then you can approach Court to file a Suit of Injunction and demolish the lavatory.
Since he has already filled a case, i advice you to fight the case as principle of Law says that the person approaching the court must have clean hands. Since he himself has not left set back he can not insist you to leave setback.
As far as constructing a boundary depends upon your wish and will.
Adv. Jamal Sait
Bangalore
As per law, You as well as your neighbour too need to leave set back. If your neighbour insist upon you to leave setback but he himself has not left then you can approach Court to file a Suit of Injunction and demolish the lavatory.
Since he has already filled a case, i advice you to fight the case as principle of Law says that the person approaching the court must have clean hands. Since he himself has not left set back he can not insist you to leave setback.
As far as constructing a boundary depends upon your wish and will.
Adv. Jamal Sait
Bangalore
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Adv. Jamal Sait
Bangalore | 400+ Answers
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Hi.
Oral agreements are not very relied upon unless you can prove them. The conduct may also be looked into at this point in time. However, it can be withdrawn at any point in time by those occupying the premises now.
Considering there’s a portion of their house onto your property too, there’s an equal or similar violation from their end too.
In such circumstances, if you are willing to let go of their portion, you can claim your part of the property that’s being utilised by them too.
Would require more details to assist you further.
Oral agreements are not very relied upon unless you can prove them. The conduct may also be looked into at this point in time. However, it can be withdrawn at any point in time by those occupying the premises now.
Considering there’s a portion of their house onto your property too, there’s an equal or similar violation from their end too.
In such circumstances, if you are willing to let go of their portion, you can claim your part of the property that’s being utilised by them too.
Would require more details to assist you further.
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Adv. Priyanka Y
Bangalore | 200+ Answers
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Oral agreements are not always binding.. more details have to be looked into. If your neighbour is also in illegal occupation of your property then you should highlight it. You must respond to the Gram Panchayat's notice otherwise there can be negative inference.
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