Common wall Issue Common wall Issue

10 months ago

I have build washroom on Common wall between me and my nebiour now they have file a case against me by saying it is illegal to build washroom on common wall but my mony is also involve in that common wall and half of wall is also present in my property and half wall is on nebiour property. what can i do.

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client.

There is a statutory provision in the National Building Code, 2005 following which a building plan is approved by the Civic Authorities concerned. As per the provision, of said code, a common wall dividing the shareof land of both the owners shall remain free for a standard area for any type of permanent construction and such construction being illegal may be demolished on a complaint by the affected party to the Civic Authority who approved the building plan. So be guided with the approved building plan and take the steps accordingly to resolve the dispute.
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Anonymous

Replied 10 months ago

Thank you so much. But my nebiour is harasshing us by throwing garabage and collecting garbage in my house and now they have open the sources of water where all rain water collected on their roof fall in my house and the says first remove your washroom from wall then i will stop doing this activity. I have the fear as she is a female and i am a male where female always have an advantage she shoutes so loudly and collect the people from colony. what should i do now

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Anik

Responded 10 months ago

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A.Private nuisance is the grounds upon which the case has been filed against you. In order to get the judgement in your favour, you must be able to prove why building that washroom is integral to your enjoyment of your own property
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Kishan Dutt Kalaskar

Responded 10 months ago

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A.Dear Sir,
Building such washroom on common wall cannot be prevented by your neighbor since you have also shared expenditure in constructing common wall. If correctly projected before the Court you will win the case.
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