Space between flats with no common walls
4 months ago
Hello Sir, I have recently bought a flat in Bangalore, my neibhor being the first occupant has encroached and fixed a metal gate at the space between our flats. What are the implications and is this legal to fix a gate in a an area considered as common area? Now, the neighbour is refusing to remove the encroachment, I have approached the Builder to no avail. What are the best measures that I can take legally?
A.Dear Client,
Unauthorized encroachment or construction in a common area contrary to the Building plan approved by the concerned Municipal Authority is not permissible under the governing laws and building code. When the builder does not respond to your approach, you need to bring the matter to the notice of the Municipal Authority and the Officer in Charge, Public Grievance Cell, of the Dist Magistrate office for a resolution in the matter.
Unauthorized encroachment or construction in a common area contrary to the Building plan approved by the concerned Municipal Authority is not permissible under the governing laws and building code. When the builder does not respond to your approach, you need to bring the matter to the notice of the Municipal Authority and the Officer in Charge, Public Grievance Cell, of the Dist Magistrate office for a resolution in the matter.
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A.Dear Client,
In this situation, the encroachment and installation of a metal gate in the common area by your neighbor could be a violation of property rights and communal space use. To address this issue legally, consider the following steps:
1.Review Documents:Examine the property documents, including the sale deed, building plan, and any association bylaws, to understand the demarcation of common areas and individual property boundaries.
2.Consult with Legal Professional:Seek advice from a legal professional who specializes in property matters. They can provide guidance on the specific legalities involved in your case and the best course of action.
3.Issue a Legal Notice:Through your legal counsel, send a formal legal notice to your neighbor, highlighting the encroachment and demanding its removal within a specified period. This notice can serve as an official communication documenting your objection to the encroachment.
4.Engage with Builder or Association: If the neighbor fails to comply, involve the builder or the residents' association responsible for maintenance. Provide them with copies of the legal notice and seek their intervention in resolving the matter.
5.Mediation:Explore the possibility of mediation to resolve the dispute amicably. This could involve a neutral third party facilitating discussions between you, your neighbor, and relevant stakeholders.
6.Approach Local Authorities: If all else fails, consider filing a complaint with local municipal authorities or the appropriate regulatory body responsible for property-related disputes. Provide them with evidence of the encroachment and seek their intervention.
7.Legal Action:As a last resort, if the issue persists, you may need to consider taking legal action through the appropriate court. Your legal professional can guide you on the process and potential outcomes.
Remember to document the entire process, including communications, notices, and any evidence of the encroachment. Seeking legal advice early in the process will help you navigate the situation more effectively.
Thankyou
In this situation, the encroachment and installation of a metal gate in the common area by your neighbor could be a violation of property rights and communal space use. To address this issue legally, consider the following steps:
1.Review Documents:Examine the property documents, including the sale deed, building plan, and any association bylaws, to understand the demarcation of common areas and individual property boundaries.
2.Consult with Legal Professional:Seek advice from a legal professional who specializes in property matters. They can provide guidance on the specific legalities involved in your case and the best course of action.
3.Issue a Legal Notice:Through your legal counsel, send a formal legal notice to your neighbor, highlighting the encroachment and demanding its removal within a specified period. This notice can serve as an official communication documenting your objection to the encroachment.
4.Engage with Builder or Association: If the neighbor fails to comply, involve the builder or the residents' association responsible for maintenance. Provide them with copies of the legal notice and seek their intervention in resolving the matter.
5.Mediation:Explore the possibility of mediation to resolve the dispute amicably. This could involve a neutral third party facilitating discussions between you, your neighbor, and relevant stakeholders.
6.Approach Local Authorities: If all else fails, consider filing a complaint with local municipal authorities or the appropriate regulatory body responsible for property-related disputes. Provide them with evidence of the encroachment and seek their intervention.
7.Legal Action:As a last resort, if the issue persists, you may need to consider taking legal action through the appropriate court. Your legal professional can guide you on the process and potential outcomes.
Remember to document the entire process, including communications, notices, and any evidence of the encroachment. Seeking legal advice early in the process will help you navigate the situation more effectively.
Thankyou
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