• Neighbour parking his car in front of my gate

Neighbour intentionally parking his car infront of my gate. Due to this can't even park my own car in my own house and when i talk to him he is saying he will park there and i can do whatever i want. His house owner was an ex govt. employee and he has told him to park there itself. Please suggest best action. I live in Bangalore.Thank you.
Asked 7 years ago in Criminal Law
Religion: Hindu

11 answers received from multiple lawyers

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11 Answers

1.No one has any right to cause hindrance to have free usage of your premises including the area in front of your entry.

2.if he parks in front of your gate he will be causing wrongful restraint to free usage of your entry-exit for which you can lodge complaint with the local police.

3. Another option is to file civil suit for claiming injunction against parking his car.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

issue legal notice to neighbour to remove car parked in front of your gate

2) if he refuses file suit and seek injunction restraining neighbour from blocking your gate

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
94514 Answers
7485 Consultations

5.0 on 5.0

1. Complain to the jurisdictional Traffic Police and urge them to take action.

2. If no action to your complaint is forthcoming, meet the higher traffic officers and apprise them.

3. Still if there is no action, file a case in the competent court to get justice.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

File a complaint before local police station immediately under the ground of Wrongful restraint under Section 339 of the Indian Penal Code. Leaving a vehicle at rest on any public place in such a way as to cause or likely to cause danger, obstruction or undue inconvenience to other road users is an offence under MV act. If the police could not settle the matter file an injunction suit coupled with easement of necessity before civil court. An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable or more convenient enjoyment. A person cannot acquire a right of way as an easement of necessity; if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours. Furthermore, under Section 35 of the Indian Easements Act, 1882 the person can obtain permanent injunction restraining anyone from obstructing his right of passage. Please do remember that the place in front of the gate is public place the action is not too much serious and not illegal. But parking regularly it comes under the nuisance.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

Next time when this neighbour parks his car in front of your gate, call 100 or Hoysala, inform them that some unknown person is illegally parking their car in front of your gate thus blocking your ingress and egress (entry and exit) to your house, they will tow away the vehicle. In the meanwhile, before you call the cops, on each occasion puncture all the tyres (deflate) and leave a sign board on the windscreen, saying "Illegal parking will invite action" and leave your phone number.

Take photos of this image and post it on your facebook and twitter account. If this does not stop, then approach the civil court and get an injunction order against this neighbour.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

If he is a tenant and doing it intentionally, then you may call his landlord and instruct him to advise his tenant to not to indulge in such unlawful activity.

If both fail to listen to listen to your requests, you may lodge a complaint with the police for creating nuisance before your house and obstructing your rights to park your vehicle near your home.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. I do no think traffic police has anything to do with this though you can lodge complaint with the local police of wrongful restraint.

2. Filing civil suit though would bring you the necessary reliefs.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

1) mere calling 100 wont help

2) you need to proceed legally against him issue legal notice and if he does not remove car file suit and seek injunction against neighbour

Ajay Sethi
Advocate, Mumbai
94514 Answers
7485 Consultations

5.0 on 5.0

You can dial 100 only during emergency, but this is a regular torture, hence you may have to visit the police station to make complaint about this menace and nuisance.

If his owner is behind the scene then a lawyer's notice to be issued to both the tenant and the owner instructing them to refrain from parking his vehicle before your house and cause disturbance to park your vehicle which you had been parking for years. The owner should be instructed to advise his tenant , if they dont listen then besides a complaint with the police you may file an injunction suit seeking to restrain him from parking his vehicle in front of your house and file a petition under Order 39 Rule 1 & 2 of the Code of Civil Procedure (CPC) praying for a stay order restraining his neighbour blocking the said path.

A police complaint of Wrongful restraint under Section 339 of the Indian Penal Code (IPC) against the person who owns the vehicle or who parked the vehicle in front of your gate may be tried as first step after which you can think of initiating suit for civil remedies too.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. Best thing is to visit the Police Station and apprise them of the factual position.

2. Even though it may be a public place, he cannot deny your vehicle the right of way to shed.

3. After bringing the matter to Police, maximum time for action from their side may be within 2 to 3 days. The ground to complain to Police is that your neighbour is blocking your right of way and hindering your easy ingress and outgress.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Easement by necessity ,Wrongful restraint and nuisances are the grounds.If possible park your vehicle before the neighbour will park the place at least one week.And force him to approach the police .

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

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