• Obstructive construction

At my ancestral village in Bihar, the neighbor is planning to construct a wall adjoining my wall resulting in blockage of the windows which had been there since long time (more than 30 years). Even the map has a provision for a typical open village drainage. If I challenge this in court, what are the chances that it will stand on the legal ground? Further what is the historical trend in India (legal) and specially in Bihar for such cases?
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

1. There is no restriction on erecting a boundary wall on the edge of one's property even if the same may cause obstruction to your light or air.

2.however if you can show that the construction of wall is made on a public property of swere then you have right to cause restriction on its constructions.

3. SO first obtain a master plan to show the sewerage line and on that basis file a suit for declaration and mandatory injunction.

In the said suit seek temporary injunction aoso so further constructions is stopped at once,

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1) Access and use of air to and for any building may be acquired under the Indian

Easements Act if it has been peaceably enjoyed without interruption for twenty years. The right to air is co-extensive with the right light. The owner of house cannot by prescription claim to be entitled to the full and uninterrupted passage of a current of wind. He can claim no more air than which is sufficient for sanitary purposes. There is no right as a right to the uninterrupted flow of south breeze as such.There is no easement for free access of wind.

2) you can object to construction of wall as it blocks your windows

Ajay Sethi
Advocate, Mumbai
99967 Answers
8159 Consultations

1. The neighbour can raise any construction on his own land, but he cannot construct it in a manner that blocks your right to air and sunlight. Right to air and sunlight are two inseparable facets of the right to peaceful enjoyment of property.

2. You can file a suit for permanent injunction to restrain him from blocking the sunlight and air.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

you have to go to lower court only .

2) suit cannot be filed directly in HC

Ajay Sethi
Advocate, Mumbai
99967 Answers
8159 Consultations

Light and air easement is a type of negative easement. This easement prevents an adjoining land owner from building any structure that would obstruct the passage of light or air from reaching the dominant land.

Since you have perfected his right to light and air by prescription extended over 20 years of period, the easement right is established and this is an easement by prescription.

The extent of any other easement and the mode of its enjoyment must be fixed with reference to the probable intention of the parties, and the purpose for which the right was imposed or acquired. In the absence of evidence as to such intention and purpose-

Prescriptive right to light or air. -The extent of a prescriptive right to the passage of light or air to a certain window, door or other opening is that quantity of light or air which has been accustomed to enter that opening during the whole of the prescriptive period irrespectively of the purposes for which it has been used.

T Kalaiselvan
Advocate, Vellore
90167 Answers
2505 Consultations

This clarifies that a permanent injunction can be filed to block the construction. Can I go directly to high court in this case rather to the lower court?

You can approach the lower court itself with a suit for bare injunction and easement rights by prescription for reliefs and remedy.

You can even obtain an interim injunction as an interim relief restraining the opposite party from proceeding till the disposal of the suit.

T Kalaiselvan
Advocate, Vellore
90167 Answers
2505 Consultations

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