Remedy against residents of society encroaching into private premises

Hi Sir/Mam, I bought a house last year and all the procedures including registration and Khata transfer has completed successfully. We are having 3 gates 1 gate at back side and 2 gates at the front of the apartment for easy access to both backside and front side of the apartment. But off late outside vehicles and other party vehicles are using our premises to move from the back side to front side also the other residents staying in and around our society is also using our society's facilities as their own. All this is happening because our society is located at a high land and other land owner had an agreement with the land owner behind our apartment that he can allow the water seepage down his land provided he allows the residents to use our premises. So we are now stuck from closing the back door making our resident virtually a security hazard. How can we get out of this situation as we were not informed when we bought the apartment from the builder. Thanks,

Answers (1)

87 votes

Please go through the your sale deed and confirm that on the said gates you has absolute right only or you have common right over the said Gates along with others.

In case if you have absolute right give a letter to the asssociation intimate them that you closing the said gates for safty purpose. Then you close the said gate. Intimation to the association is must and necessary because the person who is using the said gates cannot ask you in the future and it is the duty of the association members to make alternative pathway to other members.

If such demand is not done you can take civil action against the association being the absolute right holder of the said gates.

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