1) Lodge police complaint against your neighbour
2) if police refuse to take action file suit and seek court orders to remove metal binds as it is obstructing light and ventilation for your house
About neighbour's construction nuisance
Hello, in the last week suddenly in the land on the back side of our property, they have constructed in such a way that they put up huge metal binds (up to 2nd floor) attached to our compound wall, leaving no set back and hence all light and ventilation for the occupants in that side of the property is completely blocked, please advise what kind of immediate action to take as our light and air easements is badly affected? thanking you, Anjana, Chennai
Asked 8 years ago in Property Law
Religion: Muslim
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4 Answers
Thank you Sir. Sir about filing suit, what kind of suit would be appropriate? is it the kind of suit that takes years to reach a resolution, kindly advise. Many thanks.
Asked 8 years ago
1) suit may take some years to be disposed of but you can obtain interim reliefs within a week or so
You can initiate action against the neighbor by lodging a complaint with the local civic authority about this which disturbs and deprives your easement rights for air, ventilation and light etc
Simultaneously you can file a bare injunction suit seeking to restrain the neighbor from proceedings with the construction which obstructs your easement rights and also file a petition under section 33 of the Indian Easement act, 1882 for necessary relief and remedy to this.
Sir about filing suit, what kind of suit would be appropriate? is it the kind of suit that takes years to reach a resolution, kindly advise.
You can file a bare injunction or mandatory injunction suit against the neighbor along with an application for easement rights as per the provisions of section 28 and 33 of the Indian Easements act, 1882